A defendant shall be punished by imprisonment for six 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 August 2012, the Defendant sent a telephone to the victim C, saying, “The new type of passenger car market price is the original 25 million won, which can be claimed at KRW 15 million, and if sending KRW 15 million, the Defendant would allow the victim C to recover the difference immediately following the day.”

However, in fact, the defendant did not have the ability to purchase the 15 million won car, and even if the victim received 15 million won from the victim, he did not have the intention or ability to use to purchase the 15 million won car.

The Defendant received KRW 15 million from the victim to the national bank account (E) in the name of the Defendant designated by the Defendant on August 29, 2012; KRW 5 million on September 14, 2012; and KRW 7 million on September 18, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the details of account transactions and text messages;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. Grounds for sentencing under Articles 25(1), 31(1), (2), and (3) (referring to 9 million won as the defendant has repaid 15 million won to 15 million won) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings;

1. One year from a month of imprisonment with prison labor within the scope of recommended sentencing criteria (the group of fraud crimes, the type of general fraud less than 100 million won, the area of mitigation);

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

A disadvantageous circumstances: The fact that there was a history of punishment for the same kind of crime, which leads to the crime of this case, the damage amount is relatively small, and the victim does not want punishment by mutual consent with the victim.