A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 11, 2014, the Defendant made a false statement to the victim D, “If he/she purchases two vehicles in the Gu C office located in Changwon-si, Changwon-si, and invests 13 million won or more in the c office, he/she would like to divide the remaining profits from the operation of the siren with the money.”

However, even if the defendant receives the above money from the injured party, he did not have any intention or ability to proceed with the business by purchasing sirens.

On July 14, 2014, the Defendant, by deceiving the victim as such, received KRW 13 million from the Suhyup Bank account (Account Number E) in the name of the Defendant from the victim, under the pretext of investment funds for siren projects around 12:23 on July 14, 2014 from the victim, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing deposit without passbook;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) [the person who has been specially mitigated] set forth in the mitigated area, the punishment of which is not set aside, or damage substantially

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

The circumstances that are disadvantageous to the victim: The circumstances that are favorable to the fact that the victim's damage has not been completely recovered: the defendant reflects the mistake, the fact that the defendant has agreed with the victim, and there has been no record of punishment