A defendant shall be punished by imprisonment with prison labor for up to six 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

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

On October 2018, the Defendant received a telephone from the victim B, “A person entrusted with the operation of national and public childcare centers at Incheon C Office, which may be selected as an entrusted operator,” and the victim stated that “A person within Incheon C Office is well aware of the person who entered Incheon C Office. Through the reporter, the Defendant would be able to select a person entrusted with the operation of national and public childcare centers by requesting the public officials of C Office and the Gu Council members to do so.”

However, after the victim speaks as above, the Defendant took her fluent sium that it is impossible to select a person entrusted with the operation of a child care center by solicitation from D, a person who entered the Incheon C Office, so even if receiving the money from the victim, the Defendant did not have any intention or ability to allow the victim to be selected as a person entrusted with the operation of a national and public

Nevertheless, the Defendant received money and valuables under the pretext of deceiving the victim as if it is possible to continuously accept the request from the victim, deceiving him/her, and deceiving him/her on November 12, 2018 and on November 27, 2018 of the same month from the Defendant’s name Nonghyup Bank account (Account Number E) to transfer the sum of KRW 10 million,000,000,000 from the Defendant’s name, and soliciting public officials to handle the affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police against B (Evidence No. 4);

1. Application of Acts and subordinate statutes to the details of remittance and recovery of damage amount (Evidence List 6);

1. Article 347 (1) of the Criminal Act (including fraudulent points and areas), Article 111 (1) of the Attorney-at-Law Act (including points and areas of receiving money and goods under the pretext of solicitation) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution;