A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2018 Highest 921] The Defendant sent to the Victim C at a place where it is not known about December 2016, at the expense of KRW 50,50,000, the Defendant sent to the Victim C a trip with Demark, Norweweden, Sweden, and Finland as of September 29, 2017 from September 29, 2017 to October 7, 2017.

“A false representation was made.”

The defendant was thought to use the victim's daily living expenses by receiving money from the victim on the pretext of travel expenses, and there was no intention or ability to allow the victim and his/her daily activities to travel to North Europe.

As above, the Defendant deceivings the victim as above and acquired 52,50,000 won from December 26, 2016 to April 26, 2017.

[2018 Highest 2282]

1. On February 22, 2017, the Defendant made a false call to the victim D at a place where it is unknown to him/her on February 22, 2017, stating that “The Defendant would sell Onnuri gift certificates worth KRW 4,750,000 per week at the face of the week.”

The defendant was thought to use the money from the damaged person as living expenses and personal debt repayment, etc., and there was no intention or ability to purchase merchandise coupons.

The defendant deceivings the victim as above and took over 4.75 million won on the same day.

2. On February 23, 2017, the Defendant made a false call to the victim at a place where it is not known to him/her on February 23, 2017, stating that “The Defendant would offer more Onnuri gift certificates of KRW 5 million on the face of a week.”

The defendant did not have any intent or ability to purchase gift certificates, even if he received money from the injured party for the above reasons.

The defendant deceivings the victim as above and took over 4.75 million won on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant (2018 high rank 921);

1. Each protocol concerning the examination of the suspect of the police against the defendant (including statements made in 2282, D)

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to each certificate of deposit confirmation and each certificate of account details;

1. Article 347(1) of the Criminal Act (Selection of Imprisonment with prison labor), which is applicable to the relevant law and the choice of punishment for the crime, is applicable.