A defendant shall be punished by imprisonment for two years.

Punishment of the crime

Around October 2012, the Defendant made a false statement to the effect that “The Defendant would pay money to the victim E by November 20, 2013, the payment date specified in the documents on the export of yellow soil, if he/she borrowed money necessary for the yellow sand project” in the B building C Officetel located in a non-permanent place (hereinafter referred to as the “Stop” Si of Vietnam.

However, as the defendant did not have any particular property, and did not prepare a detailed plan for the business of the Yellow Earth Project, there was no intention or ability to repay the borrowed money to the victim.

The Defendant, by deceiving the victim as above, consented from the victim to take out Vietnam’s pulmonary waste, which is kept in the above office depository of the above office of the victim, and was issued a total of six times from around that time to January 2015, the Defendant received a delivery of 3,797,00,000 Vietnam (Korean Won 191,237,400,000 won) in total, as shown in the list of crimes in attached Table, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Part E in the first protocol of interrogation of the accused to the prosecution;

1. Statement to E by the police;

1. Adjustment of exchange rates as of the date of damage, the purport of the confession submitted by the defendant, the details of the defendant's F dialogue, and the application of replies by a request for cooperation in investigation;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the recommended types of general fraud according to the sentencing guidelines (type 2) shall be at least 10 million won, the aggravated area of less than 500 million won, the imprisonment for one year and eight months to six years (one-third years below the lowest limit due to the increase in the first step as a result of summing up the concurrent numbers of vehicles);

2. Determination of sentence - through the use of personal trust relationship with the victim, the victim obtained a large amount of money over several occasions during the long-term period and did not recover from damage.