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

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

Punishment of the crime

On February 2, 2014, the Defendant told the victim D to be employed through a relative in the modern iron, which is in the world, at a "C" restaurant located in the Southern-gu B at the Seocho-gu, Seocho-si. The Defendant called "I will get the victim D to work for the amount of KRW 45 million as a cost and honorarium."

However, in fact, the Defendant was not in a situation to have the victim employed in the modern file. Rather, the Defendant had the intent to receive money from the victim to use the mobile phone store deposit and the interior cost, etc., so even if receiving money from the victim, there was no intention or ability to have the victim employed the victim.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred the sum of KRW 15 million to the Saemaul Treasury Account (E) under the name of the Defendant from the victim; (c) KRW 20 million on April 22, 2014; and (d) KRW 45 million on May 7, 2014, including KRW 10 million on May 7, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to D;

1. A copy of each letter of commitment;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommendation] of Article 62-2 of the Act on the Protection and observation of the Protection and the Punishment of Social Service [the grounds for sentencing] of Article 62-2 of the Act on the Punishment of Specific Fraud [the range of punishment shall be 10 million won or less (1 month or year of imprisonment] [the person who is specially mitigated] and the ordinary circumstances that are disadvantageous to the person who is not subject to punishment [the sentence]: the amount of fraud is a larger amount than 45 million won; although the defendant agreed with the victim, the defendant is conditioned that he will repay the damage by returning the lease deposit corresponding to the amount of fraud by means of the victim; it is not actual damage repayment; it is not the fact that there is a repayment of damage; the history of punishment for the same kind of crime including suspended execution is more favorable: