A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 24, 2019, the Defendant told the victim B to the effect that “When there is a business to make a corporation in the Philippines and exchange them to travelers, the Defendant invested KRW 50 million in the said month, the Defendant would make an investment of KRW 50 million in the said month.”

However, in fact, it is unclear that the money exchange business referred by the defendant is the substance of the money exchange business, and the defendant thought to use the money received from the victim for personal debt repayment, and thus there was no intention or ability to pay profits by investing in the money exchange.

On June 24, 2019, the Defendant, by deceiving the victim as such, received KRW 9 million from the victim to a new bank account under the name of the Defendant for the purpose of investment money, and acquired by transfer the total sum of KRW 39 million from that time to July 25, 2019, as shown in the attached crime list, from that time, through a total of 10 times as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to the details of transactions in an investigative report, and accounts in a criminal complaint;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Scope of applicable sentences under the law on the grounds of sentencing under Article 62 (1) of the Act on the Suspension of Execution: The scope of recommended sentences according to the sentencing guidelines for one month to ten years [decision of types] under the general fraud [Type 1] below 100 million won [Special Sentencing]. In cases where victims are fully responsible for the occurrence of a crime or the expansion of damage (the area of recommendation and the scope of recommended sentences] mitigated area, one month to one year from imprisonment;

3. Determination of sentence: Imprisonment with prison labor for ten months, the circumstances favorable to the two-year suspended sentence is recognized;

As the damage caused by the crime of this case occurred and expanded, it appears that the victim is also responsible for the damage, and the victim is paid a considerable amount until now.