A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on May 12, 201, and the said judgment became final and conclusive on May 20, 201.

1. On June 12, 2009, the Defendant stated that “The Defendant would bring the victim D(the age of 46) to the instant c restaurant located in Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), “The Defendant would bring the instant cate auction at the Cheongyang Lina department store over this frame from September 12 to 13. The Defendant would bring the proceeds to KRW 2-3 times, and if the proceeds reach KRW 40 million, the amount of principal and interest shall be added to KRW 100,000,000 as soon as the auction ends.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to pay the profit by selling it by auction.

Nevertheless, the Defendant, by deceiving the victim as such, was immediately remitted from the victim to the national bank account (F) in the name of E, the sum of KRW 10 million, and KRW 40 million on June 13, 2009.

2. On July 4, 2009, the Defendant called the victim on the phone, stating that “The price for goods is insufficient to purchase a large amount of goods in China. If the Defendant borrowed KRW 30 million, then the Defendant would return it together with the principal by adding KRW 3 million, which is 10% of the principal, within one week.”

However, there was no plan to purchase goods in China, and even if the defendant borrowed money from the victim because there was no particular import or property, there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as such, received 30 million won from the victim immediately, to the national bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;