A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

From August 27, 2009, the Defendant was found in the direction of the victim D in Seoul Special Metropolitan City, 403, and was willing to faithfully pay the fraternitys when he was admitted to the name of two times, 11 times, E, and F, with the content that he received the fraternitys of KRW 30 million from August 27, 2009, with the total number of units of 13 units each time in the corresponding order that he was able to receive the fraternitys of KRW 30 million.

However, at the time, the Defendant did not have any intention or ability to pay an amount to be paid after being paid, even if he was paid two times from the victim, on the ground that there was an urgent situation to prevent the return of an amount of money from being paid to another amount of money in the amount of KRW 5 million to 6,000,000,000,000,000,000 won in the amount of KRW 1,21,000,000,000,000 won in the amount of KRW 57,00,000 to KRW 6,00,000,000,000 won in the amount of KRW 5,7,00,000,000 won in the amount of KRW 2.

Nevertheless, the Defendant received the remittance of KRW 3 million on August 28, 2009 from the victim who believed that he will pay the fraternity faithfully, and received KRW 5.9 million on September 14, 2009.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on promissory notes, borrowing certificates, receipt certificates, and statement of transactions of deposit and withdrawal, and Acts and subordinate statutes on book keeping;

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

1. The crime of sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence is subject to the sentencing guidelines, and falls under the basic area (from June to June) among types 1 (less than KRW 100,000) of general fraud. The victim did not reach an agreement. However, even though the defendant did not reach an agreement with the victim, the Defendant paid a maximum of KRW 67 million with the advance payment, the amount of damage, the Defendant’s age, character and conduct, environment, circumstances after the crime, etc.