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 September 17, 2014, the Defendant received KRW 12 million from the victim’s bank account in the victim E (50) stating that “The Defendant would pay KRW 1.5 billion if he/she invests 1.5 billion as the project cost falls short of the funds.” On September 18, 2014, the Defendant paid KRW 12 million to the company corporate tax, and if he/she borrowed it, he/she would pay KRW 12 million to the company’s bank account in the name of the Defendant on September 18, 2014.”

However, as there was no fund for the inter-marketing business that the defendant promoted, there was no intention or ability to repay it even if the defendant did not have any particular property and borrowed money from the victim. In addition, there was no intention or ability to pay it.

Accordingly, the defendant deceivings the victim, thereby deceiving 12 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each report on investigation;

1. Application of statutes to inquiries about criminal records, etc.;

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

1. Article 62 (1) of the Criminal Act;

1. There is a high possibility of criticism in that a person repeats a crime, even though he/she had been punished for the crime of fraud with the reason of sentencing under Article 62-2 of the Social Service Order

However, in consideration of the fact that the amount of damage is not large and the prompt repayment is done, the execution of imprisonment shall be suspended on condition of the community service order.