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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around October 27, 2011, the Defendant against the victim G told the victim G to the effect that “Accomponsing to sell ancient paintings in front of the J convenience store located in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant would give 20% of the sales proceeds of ancient paintings on the face of a week by investing expenses incurred in selling them.”
However, in fact, the defendant thought that he would use the money received from the victim as personal living expenses, etc., and had not secured the seller at the time, so even if he received the above money from the victim, he did not have the intention or ability to sell it.
As above, the Defendant, by deceiving the victim as above, received 6 million won in cash from the victim, namely, at the victim’s seat, and obtained 4 million won in total from the Si bank account (K) in the name of the Defendant and acquired 10 million won in cash.
2. On December 2, 2011, the Defendant made a call to the victim H who was introduced from the said G at the insular site and called, “The Defendant would give 20% of the sales proceeds to the Plaintiff if he/she makes an investment of KRW 20 million with expenses, such as the cost of transport of ancient paintings, etc. necessary to sell them, which he/she had been in his/her own possession, to the Lart gallery.”
However, in fact, the defendant thought that he would use the money received from the victim as personal living expenses, etc., and did not secure the seller of the above paintings, so even if he received the above money from the victim, he did not have the intention or ability to sell it.
As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the City Bank account (K) in the name of the Defendant for the expenses necessary for the sale of ancientization on the same day from the victim, and acquired it by transfer from February 1, 2012 to February 1, 2012.
Summary of Evidence
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