A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

On March 3, 2013, the Defendant: (a) made a false statement to the victim C, stating that “The Defendant may receive the fixed or damaged part of a heavy mobile phone by purchasing a mobile phone device and repair it; and (b) make profits from KRW 20,000 to KRW 50,00 per unit if the Defendant resells it in Vietnam and China,” and (c) made a trade office with “E” in Daegu-gu, Daegu-gu.

However, in fact, the Defendant was at least KRW 100 million due to a business failure of the mobile phone agency operated from around 2012, and was thought to be used as personal debt, entertainment expenses, living expenses, etc. by receiving investment money from the victim, and there was no intention or ability to export the mobile phone by purchasing and repairing the mobile phone terminal.

As above, the Defendant, by deceiving the victim, received KRW 27 million from the victim to the account of the Defendant’s holder of the name of the community credit cooperative as the purchase cost of cell phones around April 30, 2013, and received a total of KRW 469 million from the date and time to March 20, 2014, as shown in the attached crime list, from the above time and time to March 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C;

1. A copy of a bankbook, such as remittance details, each specification of transactions, detailed statement of credit transactions, details of loan transactions, and bankbooks;

1. Application of Acts and subordinate statutes to the personal immigration status, business registration certificate, and certificate of closure;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] The basic area (1 to 4 years) of types 2 (100 million won or more, and less than 500 million won) (1 to 50 million won) of the Criminal Act does not [the decision of sentencing] [the amount obtained by deceit exceeds 469 million won, but the damage recovery was not performed properly, and the defendant did not make efforts to recover damage, and the defendant tried to work together with the victim.