A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 18, 2017, the Defendant made a false statement to the victim C at the Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “The Defendant would supply the system windows, which are the products of Germany company, to the victim, in a field of D construction at the Jeju city.”

However, in fact, the defendant did not have the intention or ability to deliver the German system creatively, and he received the payment from the injured party and tried to use it for personal purposes.

The defendant deceiving the victim as above and transferred 40,000,000 won in total, including KRW 10,000,000 around May 21, 2017 and KRW 30,000,00,000 around the 22th of the same month, to the agricultural bank account under the name of the defendant, under the pretext of creative payment, from the victim who is deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement protocol concerning the police, part concerning C’s statement concerning the defendant, and the part concerning C’s statement concerning the suspect interrogation protocol of each police station;

1. A certificate of confirmation of details of withdrawal/deposit;

1. Recording notes (A, C, and text messages) and screen pictures to which a recording is sent;

1. Application of statutes on transaction details of the NongHyup account under A;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the punishment shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sexual conduct, environment, circumstances, and circumstances after the commission of the crime.

The fact that the crime is recognized, that there is an agreement with the victim late, that there is no previous conviction in the same kind, and that the amount of damage is large to 40 million won.