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

On November 1, 2015, the Defendant supplied the page to the victim by the end of the following month in the “E”, which is a victim D’s paint agent in Gangseo-gu Busan, Gangseo-gu, Busan, the Defendant would pay the face value by the end of the next month.

“A false statement” was made.

However, in fact, even if the Defendant had already paid a large amount of obligation, the Defendant had no choice but to pay a large amount of obligation or pay interest on the existing obligation. Since the use account was seized on December 2015 and the credit guarantee already secured was used, there was no room to raise funds differently. Therefore, there was no intention or ability to pay a certain amount of fee as stated by the victim.

The Defendant received an amount equivalent to KRW 2,169,20 from the injured party on November 21, 2015; KRW 2,098,80 on November 27, 2015; KRW 2,917,200 on November 30, 2015; KRW 4,743,200 on December 17, 2015; KRW 2,743,70 on December 24, 2015; KRW 343,200 on December 24, 2015; KRW 174,70 on December 343, 2015; KRW 137,640 on January 5, 2016; KRW 10 on October 16, 2016; and KRW 10 on March 16, 2016.

Accordingly, the Defendant was given property worth KRW 28,990,040 by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D statements);

1. Statement made by the police against D;

1. A copy of statement of transactions;

1. Application of Acts and subordinate statutes to the details of deposits and withdrawal;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [Determination of types of crime] In the event that the punishment of category 1 (less than KRW 100 million) (a person with special mitigation] is not imposed, or considerable damage is recovered, (the scope of recommended punishment) is mitigated, imprisonment with labor is reduced, one month to one year;

3. The decision of sentence shall be rendered by deceiving victims and being supplied with goods by the settlement deadline; and