A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not interfere with the defendant's right of defense.

On March 29, 2011, the Defendant made a false statement to the effect that “D” convenience points operated by the Defendant in Kuju-si, would guarantee the principal when investing money in tobacco business, and distribute 5% of sales profit.”

However, in fact, the defendant did not have any money at the time, and there was no intention or ability to guarantee the principal or distribute profits, even if he received money from the victim, because the defendant thought that he would open other convenience points with the money invested by the victim.

The Defendant received from the victim the remittance of KRW 4,500,000 from July 13, 201, for the same day as tobacco business investment, from that time, from that time, the Defendant received the remittance of KRW 97,767,00 in the same manner as in the list of crimes in the attached Table from July 13, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the third protocol of examination of the suspect against the defendant in the prosecution;

1. A copy of e-mail (No. 5 No. 5 of the evidence list);

1. Recording recording, each recording book (No. 18, 19 No. 5 of the evidence list);

1. Each complainant's written opinion and written photograph (No. 33, 34, 35 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation (public notice at the prime city and attaching photographs of D convenience points), and documents attached thereto (Evidence List No. 57);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Criteria for types of punishment and sentences [decision of types of punishment] among the fraudulent crime group, the basic area of types 1 (less than KRW 100 million) general fraud group [Scope of recommending punishment]: Six months to one year and six months;

2. Criteria for the suspension of execution [main reasons for the suspension of execution] positive: Agreement not on criminal punishment;

3. Determination of sentence: Imprisonment with prison labor for not more than eight months, and the victim; and