A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[2015 Godan1550] On October 9, 2014, the Defendant made a false statement that “BK is well aware of the victim BJ’s “BK” in the “BI” office located in Y in Y in Y in Y in Y in Y in Yansan-gu, Jeoncheon-gu, Jeonju-si,” and that “BK will be held as an item if it is lent KRW 230,000 in Hando 230,000.”

However, fact is that even if 230,000 won was borrowed, there was no intention or ability to repay it, and there was no intention or ability to reduce the item.

On October 17, 2014, the Defendant, by deceiving the victim as such, received 230,000 won from the victim to the new bank account (BL) with BL at the above office around October 17, 2014.

[2015 Highest 1642] On August 18, 2014, the Defendant reported that the Victim BN was added to an item on the Libyan online game at around 16:00 on August 18, 2014, the Defendant said that he would sell the item above in cash.

However, even if the defendant receives money from the victim, he did not have the intent or ability to sell the game item as promised.

Ultimately, the Defendant deceivings the victim as above and received KRW 150,000 from the victim’s new bank account in the name of BO.

Summary of Evidence

[2015 Highest 1550]

1. Defendant's legal statement;

1. Protocol of police statement to BJ;

1. Details of cellphone banking for victims (2015 highest 1642);

1. Defendant's legal statement;

1. Statement of the police statement regarding BN;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the basic area (6 to 16 months) of types 1 of general fraud (the period of less than 100 million won): Provided, That the forgery and use of documents shall not be treated as multiple crimes and only be treated as sentencing factors (the decision of sentencing is made] [the defendant] committed the crime of this case during the suspension of execution. The same shall apply to the crime of this case during the suspension of execution.