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 April 6, 2015, the Defendant made a false statement to the victim B that “A business will be carried out, such as mushroom cultivation and singinging painting, by receiving farming funds. However, a corporation need to be carried out in a manner that lends money. A corporation will be engaged in business and employed.”

However, in fact, the Defendant did not have a plan to conduct the above business, and was thought to use the money received from the victim for personal purposes, such as living expenses. There was no certain amount of income, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim due to a debt equivalent to KRW 12 million.

Nevertheless, the Defendant received KRW 9 million in total from the victim four times from February 23, 2015 to July 31, 2015, including the transfer of KRW 33,190,000 from the victim’s bank account (D) in the name of the Defendant on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report (a case of analysis of financial data submitted by a complainant), a criminal investigation report (a case of investigation of the counter-party telephone call of the complainant);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (not less than six months to one year and six months) (no special person);

2. In the absence of agreement with the victim even though the amount of damage determined by the sentence was not significant, it seems that only a part of the damage was paid.

According to the defendant's argument, the level of KRW 10 million is considered to have been paid, and the victim's principal and interest on the debt is about KRW 45 million.