A defendant shall be punished by imprisonment for a period of five months.

except that 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

The defendant and the victim B are between middle school Dongs.

1. On July 2016, the Defendant called “the Defendant shall pay off KRW 5 million to the Defendant, with a phone called to the Defendant from the Defendant on July 2016.”

However, the defendant did not have any intention or ability to pay the above money even if he received the money from the victim due to the lack of factual revenue.

On July 4, 2016, the Defendant, by deceiving the victim, received KRW 200,00 from the victim via D(E) account in the Defendant’s false name C (E).

2. On August 2016, the Defendant called the victim by phoneing the victim, saying, “If he send a mushroom, he would sell it to the members of the church and send the mushroom money to the members of the church.”

However, even if the defendant received mushroom from the victim due to the lack of revenue, he/she was thought to use it as living expenses, etc., and there was no intention or ability to pay mushroom to the victim.

The Defendant, as such, by deceiving the victim as such, was issued a mushroom 15 stuff around September 2, 2016, around September 6, 2016, five 4 stuffs around September 6, 2016, and five 3 stuffs around September 13, 2016, and a mushroom gift gift amounting to KRW 9030,000,000,000.

3. On September 2016, the Defendant called “The Defendant shall pay off KRW 100,00,00 to the Defendant, by phoneing the Defendant to the Defendant.”

However, the defendant did not have any intention or ability to pay the above money even if he received the money from the victim due to the lack of income.

Around September 13, 2016, the Defendant, by deceiving the victim, received KRW 100,00 from the victim via D (E) accounts in the Defendant’s fraudulent name C (E).

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;