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 December 19, 2015, the Defendant made a false statement to the effect that “The Defendant would receive a successful bid at the first place of auction where a good auction article would go out of the bid fund,” while “The Defendant would receive a successful bid at the time of the first place of auction where a good auction article would go out of the bid fund.”

However, the defendant did not have the intention or ability to receive a successful bid of real estate from the victim through auction.

Around January 28, 2016, the Defendant, by deceiving the victim, was delivered KRW 50 million in cash to the D University C located in Busan-gu, Busan-do.

Summary of Evidence

1. Legal statement of the witness B;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Requests for appraisal;

1. Details of cash withdrawal and the application of Acts and subordinate statutes governing cash custody certificate;

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

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommending punishment] The mitigated area of category 1 (less than KRW 100 million) (one month to one year) [Special Mitigation] [the decision of sentence] the total amount of the acquired money of this case is not less than KRW 50 million, and the attitude of not recognizing the Defendant’s mistake from the investigative agency to the day immediately before the closing of argument, etc. are disadvantageous to the Defendant.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant has no criminal records, and the defendant has recognized his mistake immediately before the closure of pleadings, and the fact that the victim does not want the punishment of the defendant by making a full payment

The above sentencing criteria and sentencing factors shall be comprehensively taken into account the various circumstances, such as the defendant's age, character and conduct, and environment, and the sentencing factors of this case shall be determined as ordered.