A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 7, 2018, the Defendant made a false statement to the victim D, stating that “I would have to pay 18 million won in advance to the victim D, including living expenses, in advance. I would have to pay 19 million won in advance at the president.”

However, at the time, the defendant did not have any intention or ability to complete payment, even if he borrowed the same money from the victim, due to the circumstance that the defendant cannot do so in favor of her husband.

Nevertheless, on July 9, 2018, the Defendant, by deceiving the victim as such, received KRW 19 million from the victim to the Kakao Account (F) in the name of the Defendant on July 13:51, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes to the details of the accusation, notarial deed, details of remittance of advance payments, and text messages from suspects and victims;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommendation type according to the sentencing guidelines [the decision of type] the general fraud type [the type 1] below KRW 100 million [the special person] - The mitigation element: In a case where a deceitful act is committed intentionally, or the degree of the deceptive act is weak, [the scope of the recommendation field and the recommendation type] mitigation range, imprisonment with labor for one month or one year [the general person]] - There is no major reason for the suspension of execution / The major reason for the suspension of execution / there is no criminal history where a deceitful act is committed intentionally or the degree of the deceptive act is weak - there is no criminal history for the principal reason: non-agreement.

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;