A defendant shall be punished by imprisonment with prison labor 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

1. On September 19, 2017, the Defendant made a false statement to the victim B, “The father of the victim’s death is the same as the medical accident.” In this context, the Defendant made a false statement to the effect that the perpetrator would receive money from the victim B by requesting the reading of the materials. If the probability of winning the case exceeds 80% by requesting the reading of the materials, the Defendant would have the victim receive money from the medical accident.”

However, even if the defendant receives money from the victim, he thought that he will use it for personal purposes, and he did not have the intention or ability to use it for the reading cost.

As above, the Defendant, by deceiving the victim as above, received KRW 2.6 million from the victim to the C account under the name of the Defendant on the same day under the pretext of reading, and received KRW 400,000 from the victim on September 20, 2017.

Accordingly, the defendant acquired the victim's property by fraud.

2. On November 8, 2017, the Defendant, under the pretext of attorney appointment fee, made a false statement stating, “In order to institute a lawsuit, he/she must appoint an attorney-at-law.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to appoint a lawyer.

The Defendant, as above, by deceiving the victim, received 4.4 million won from the victim to the C account in the name of the Defendant under the name of the same day as the attorney-at-law.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of each specification of transactions and passbook;

1. Application of each statute;

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

1. Of concurrent crimes, the former part of Article 37, the main sentence of Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc.