A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 27, 2011, the Defendant stated, by telephone, that “If a vehicle in Ireland has a vehicle with 12 million won, it would be sold again after purchasing the vehicle and then selling the vehicle, the Defendant would bring the victim to reflect the profit with 12 million won.”

However, at the time, the Defendant had no intent or ability to pay the borrowed money and the profit to the victim even if he/she sold the said vehicle by borrowing money from the victim because he/she had a personal obligation of KRW 20 million and suffered economic difficulties due to loan interest, living expenses, etc.

As such, the Defendant, by deceiving the victim as such, wired the victim with a total of KRW 12 million, including KRW 7 million around October 27, 201 and KRW 5 million around October 28, 201, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of deposits transactions;

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

1. Suspension of execution of sentence Article 62(1) of the Criminal Act (hereinafter referred to as "the sentencing grounds"), a serious effort has been made to change the reason for sentencing, and an agreement has been made with the victim, the defendant has no power to commit any other crime than the fine prior to the violation of the Road Traffic Act, the scale of the amount of fraud and the sentencing guidelines for the fraud crimes, etc. shall be determined as the same as the order.