A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Power of crime] The Defendant was sentenced to a suspended sentence of one year and six months by imprisonment with prison labor at the Busan District Court on September 28, 2018, and the judgment became final and conclusive around October 6, 2018.

[Criminal facts] The Defendant may impose on the Victim B money from a foreign country in a mutual infinite coffee store located in Kimhae-dong on November 8, 2017 at a rate of 18:00 on November 8, 2017.

The net amount is required to be traded at least 1kg, and 50 million won is required.

A false statement was made to “transfer KRW 50 million to the D account operated by C, a trade corporation operated by C, which is a trade corporation.”

However, even if the injured party remitted money to the above corporate account, the defendant stated that he was his money to the representative C and thought that he would receive the money again to use it for personal purposes, and did not have the intent or ability to use it for the funds purchased from a foreign country.

As such, on November 14, 2017, the Defendant, by deceiving the victim, had the victim transfer KRW 50 million to a new bank account under the name of Co., Ltd., Ltd., and again, said C transfer the said KRW 50 million to the Defendant’s account by telephone, and acquired it by means of remittance to the Defendant’s new bank account under the name of the Defendant on November 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Account transactions;

1. Investigation report (Statement by C phone of the president of D Co., Ltd.);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Considerations such as the violation of the reasons for sentencing under Article 62(1) of the Criminal Act, the amount of fraud, the amount of fraud, the original agreement with the victim, the equity between the case where the judgment becomes final and conclusive concurrently with the crime;