A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2019, the Defendant sent a telephone to the victim B, and made a false statement to the effect that “The price for goods is necessary to purchase the cosmetics produced by the Co., Ltd. and export them to China. When lending the price for the goods, the Defendant confirmed the details of the relevant cosmetics stored in the relevant cosmetics area and affixed pictures to the Kakao Stockholm, and immediately paid the money in full by receiving the price for the goods from the Chinese company. In addition, the Defendant would offer 7-8,000,000 won at the market price as security. In addition, if profits are realized after exporting them to the Chinese company, the Defendant would make half of the profits therefrom.”

However, at the time, the defendant was expected to arbitrarily dispose of the cosmetics purchased with the amount lent by the victim without exporting them to China through normal procedures, so there was no intention or ability to pay the above amount within the agreed time limit, and there was no intention to provide the victim with the said money as security.

The Defendant received 26,739,504 won from the victim to the new bank account (E) in the name of goods price in the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The prosecutor's office and the police's statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes on vehicles, such as a certificate of borrowing money, certificate of remittance, statement of transactions, and vehicle photograph;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion of the Defendant and the defense counsel under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Dismissal of Application for Compensation Order, etc. (the scope of liability for compensation is unclear and thus it is not reasonable to issue a compensation order in the criminal procedure).