A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who has been operating a mobile phone agency.

On October 13, 2017, the defendant purchased from the victim D who intends to operate a mobile phone agency in the "C" office in the "C" office in the Yacheon-si B" office on October 13, 2017, while necessary for operating the mobile phone agency, and related articles.

Note . The phrase "..."

However, the Defendant intended to consume most of the money received from the victim for personal purposes, and there was no other self-sufficiency, and even if the money was received from the victim, he / she purchased personal mobile phones and related articles with the victim.

there was no intention or ability to act.

The Defendant, by deceiving the victim as such, received KRW 9.5 million from the victim’s account in the name of the Nonghyup on October 13, 2017, and transferred KRW 2.5 million in total to the same account on October 14, 2017, and KRW 12 million from the victim’s account.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of Acts and subordinate statutes to the detailed statement of transfer, entry and departure transactions and investigation;

1. In full view of the relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the criminal records of the defendant for the reason for sentencing the sentence of imprisonment option (whether or not the criminal records exist and frequency thereof), the circumstances of the crime in this case, the degree of damage to the victim and whether to recover therefrom, the victim's intention to punish him/her, the circumstances after the crime (the defendant escaped, etc.), and whether the defendant reflects the defendant, the same punishment as the order shall be determined.

It is so decided as per Disposition for the above reasons.