A defendant shall be punished by imprisonment for one year.

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

Around 18:00 on January 20, 201, the Defendant stated that “The Defendant was aware of the victim D's possession of the net money at the coffee shop of the 1st floor of the Busan-gun B apartment shop in Busan-gun, by the introduction of friendly C, the Defendant would sell the victim’s net money at KRW 1,30,000,000,000,000,000,000 won higher than the face value, and offer money until January 27, 2011.”

However, in fact, even if the Defendant received 2kg net money from the victim, the Defendant had no intention or ability to pay the price by selling it normally. At the time, the Defendant got access to and consumed some of the proceeds from overseas casinos, etc. while the Defendant was not well operated, and the Defendant intended to use them in settling the shortage of precious metal with respect to the customer.

Nevertheless, the Defendant, by deceiving the victim as such, obtained 2 kg of net money from the victim in the same place, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Considering that 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 punishment as ordered shall be determined by taking into account the following factors: the defendant has already divided his mistake in depth; the defendant has agreed with the victim; the defendant has no criminal record exceeding the fine; the defendant has also been sentenced to community service order along with a suspended sentence of imprisonment; the defendant's age, character and behavior and environment; the motive, means and consequence of the crime; and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc.