A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 2012, the Defendant made a false statement to the effect that “A” office of the Victim C Operation “D,” located in the window B of Changwon-si, Changwon-si, the Defendant would have received at least 100 tons per month from the E in-house, and would have a security deposit of KRW 100 million. If the Defendant borrowed KRW 100 million as a security deposit, it would be supplied.”

However, even if the defendant borrowed money, he thought that he used it for personal project costs, and did not think that he would have used it for the purpose of deposit, and there was no intention or ability to supply non-performance.

Nevertheless, around November 13, 2012, the Defendant, by deceiving the victim as above, received cash KRW 50 million from the above D office as a security deposit from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Complaints and accompanying documents;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [the details of the instant crime and the amount of fraud] are as follows: (a) the records of the same punishment; (b) the victim has reached an agreement; and (c) the victim does not want the punishment of the defendant; and (d) all the sentencing conditions specified in pleadings, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be comprehensively taken into account