A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 13, 2015, the Defendant, at the D Licensed Real Estate Agent Office operated by the Defendant, which was located in Sinpo City D on November 13, 2015, made a false statement to the victim E that “I would have two children employed as full-time workers in F, whether or not 10 million won, or 20 million won, or not. I would return money if you are not full-time workers.”

However, as above, the defendant did not have the victim's children to be employed, and even if he received money from the victim, he did not have the intent or ability to employ the victim's children as full-time employees in F.

Nevertheless, on November 13, 2015, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Defendant’s post office account (G) account on November 13, 2015, as the cost of soliciting employment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a copy of a certificate of deposit at a post office;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Application of the sentencing criteria [Determination of type] of general fraud (less than KRW 100,00) [Determination of the recommended field] basic area [Scope of recommendations] Imprisonment with prison labor for six months from six months to one year and six months [general person] - Reduction elements: Serious radius;

2. In light of the above circumstances, the Defendant’s age, character and conduct, family relation, environment, circumstance and consequence of the instant crime, etc., and the sentencing guidelines of the Sentencing Committee, other than considering the following: (a) the Defendant’s age, character and conduct, family relation, circumstance and consequence of the instant crime; and (b) the fact that there was no record of punishment for the same kind of crime; (c) the Defendant committed the instant crime by taking advantage of an imminent situation of the parent who was employed by his own awareness and did not make any effort to recover from harm until now.