A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 2, 2018, the Defendant made a false statement to the effect that “In accordance with the right to operate a brine restaurant at the apartment construction site implemented by the Korea Land and Housing Corporation in Hongsung area, 250 million won is required, and if the Defendant fails to undergo a bid, he/she shall return the entire amount of money so that he/she may not return the money so that he/she may not make any problem, and that the victim does not have the money outside of KRW 100 million.” On the other hand, the Defendant made a false statement to the effect that “I would make an investment of KRW 100 million in Japan, 150 million in Korea, and make a tender and make a payment of KRW 500,000 in this year.”

However, in fact, the Defendant was unable to fully repay 300 million won of borrowed money to engage in credit business, and even if he received money from the victim, he was thought to use the money as the Defendant’s credit card value repayment and repayment of borrowed money, and there was no intention or ability to fully repay the said money, since there was no asset, and there was no profit in the course of credit business.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 100 million from the victim to the account under the name of the Defendant on March 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written complaint;

1. Reporting on investigation (Submission of a detailed statement of deposits and transactions of suspects);

1. A report on investigation (the place where criminal proceeds are disbursed);

1. Application of Acts and subordinate statutes to investigation reports (to telephone conversations with expert C);

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

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

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than 10 months but not more than 2 years and 6 months (decision of a type) for general fraud (type 2) for a fraud, and less than 100 million won and less than 500 million won.