A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 10, 2014, the defendant was sentenced to a suspended sentence of 6 months at the Busan District Court for the crime of violation of the Road Traffic Act, and the judgment became final and conclusive on January 18, 2014.

On June 2013, the Defendant made a false statement to the victim C at the Postal Planning Office, Inc., Ltd., located in Busan, Daegu, Daegu, Maritime Transport Co., Ltd., Ltd., 632 (Sridong), stating, “The Defendant established the Busan, Busan, Busan, Inc., Ltd., the manufacturer and distributor of the main supplies located in Seoul, and granted the total right to purchase the sales. It may bring about the total right to purchase the sales right if the Defendant pays the total amount of KRW 30 million to the head office. Accordingly, the Defendant may bring about a lot of profit if he/she carries out the business by acquiring the total sales right.”

However, in fact, the above D did not establish a branch office E or give the defendant the total right to the branch office, and there was no intention or ability to obtain the total right to the branch office.

Accordingly, around June 21, 2013, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 34 million from the victim to a business bank account G with the name of F representative director, a company bank account designated by the Defendant; and (c) received KRW 34 million from the Defendant’s agricultural bank account H on July 19, 2013, by transfer of KRW 4 million.

Summary of Evidence

1. Each legal statement of the witness C, I and J;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the confirmation date);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Considering the reason for sentencing under Article 62-2 of the Social Service Order Act and the fact that the amount of damage caused by the instant crime is not significant, strict punishment against the accused is required.

However, the defendant paid part of the money to the victim, and the defendant agreed with the victim.