A defendant shall be punished by imprisonment for not less than three 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

When the defendant loans KRW 10 million to the victim B by telephone on May 9, 2012, the defendant would purchase the mountain ginseng at a container and pay KRW 12 million after 2 months in order to raise the profit of 20% after 2 months by shorting it.

“........”

However, at the time of fact, the Defendant did not have any particular profits from the consignment cultivation and sales business of Gyeyang Ginseng operated by himself, and did not have any particular property. Even if the Defendant received the above KRW 10 million from the victim, he was thought to use it as business fund, such as personnel expenses, etc., so he purchased the said KRW 10 million and then did not have any intent or ability to reduce the profits to the victim within two months.

Nevertheless, the Defendant, by deceiving the victim as such, received 10 million won from the victim to the bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of a bankbook;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-100 won or less) of the first category of fraud (6-100 million won or less) [the decision of sentencing] The Act on the Acceptance of the Crimes in this case is not appropriate, and it has not been fully restored or agreed for three years since the borrowing date until the date of full recovery or agreement.

However, the amount of damage in this case is not large to KRW 5,00,000, it seems that 4 million out of the amount of damage has been remitted to the account of the victim, and it is more effective to select a suspended sentence than a fine for the recovery of damage in the future, and the latter is selected.