A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operates the "C" at the port of call B.

On January 1, 2012, the Defendant would purchase 30 million won or more from the victim D to the victim D on January 2012, the Defendant would make it possible for the victim D to take profits from the purchase of 2 ready-mixed vehicles in the name of the host on the face of a week, and the use of 1 million won or more per month in the case of using her ready-mixed vehicles in C.

The phrase “ makes a false statement.”

However, the Defendant had already borrowed KRW 7.5 million in the name of C operating expenses due to the difficulties in operating the office due to bad credit standing at the time, and even if the Defendant received money from the injured party, it was not used to purchase the ready-mixed vehicle in the name of the injured party as agreed with the injured party, as well as to use the money as C operating expenses. Thus, even if the money was paid from the injured party from the beginning, the Defendant did not have any intent or ability to purchase the ready-mixed vehicle in the name of the injured party to pay the profits of KRW 2 million per month to the injured party.

Nevertheless, the Defendant deceiving the victim as above and transferred the sum of KRW 30 million, including KRW 17 million on January 14, 2012, and KRW 13 million on February 27, 2012, from the victim to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (grounds for delay of investigation, telephone communications for witnesses, etc.);

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] under Article 62(1) of the General Fraud (the period of less than KRW 100 million) and there is no person who has a special sentencing [the person who has been sentenced] [the sentence] under Article 62(1) of the Act on the Suspension of Execution (the decision of sentence] [the person who has been sentenced to a special sentencing]. The defendant