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

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

Punishment of the crime

On April 18, 2013, the Defendant entered into a contract with the victim F, a credit card solicitor, to obtain a credit card solicitation license between Driet’s G managing director and three years from July 2013, 2013, with the victim F, a credit card solicitor’s foreign exchange card company’s license will be terminated on or around June 2013. As such, the Defendant concluded a contract with Driet’s managing director and the credit card solicitor’s operating right to receive a credit card solicitation license between 12 months and 19.5 million won from July 2013.

However, the Defendant did not have any intent or ability to transfer the right of credit card solicitation, even if he did not receive money from the damaged party due to the lack of the right to operate the credit card solicitation from G or D.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the Defendant’s agricultural bank account (H) from the victim, for the purpose of rent and operating expenses for soliciting credit cards; (c) KRW 25 million on the same day; (d) KRW 5 million on April 22, 2013; and (e) obtained the transfer of KRW 1.5 million on May 2, 2013; and (e) obtained the transfer of KRW 31,500,000 from the victim, respectively.

Summary of Evidence

1. The defendant's partial statement

1. Each legal statement of witness F and G;

1. Part concerning the statement of the F in the second written interrogation of the suspect against the defendant;

1. Statement of F made by the police with respect to F (the defendant did not deceiving the victim and did not have any intention to commit fraud;

The argument is asserted.

However, even though the defendant did not enter into an agreement with Driart to obtain a credit card business license from a warranty in the Riri Twit operated by Driart at the time of the instant case, the victim's statement about the defendant's deception that the victim would enter into such agreement with the victim, and that the right to operate the agreement would be left to the victim, from the investigative agency to this court.