A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Daejeon District Court on August 24, 2016, and the said judgment became final and conclusive on October 28, 2016.

On May 2016, the Defendant called the Victim C by phoneing the Victim C on May 2, 2016, and, “from May 2016 to June, 2016, the event was held against Chinese tourists in the vicinity of the Seoul X-gu. When selling food in the event room installed therein, the Defendant may earn profits of KRW 2 million to KRW 3 million per day.

A false statement was made to the purport that us send 1,500,000 won a down payment per event, as internal organs could conclude the event license contract.

However, there was no open exercise against Chinese tourists around Seoul X-S around that time, so even if the defendant receives a down payment from the injured party, he did not have an intention or ability to conclude the event incidental contract.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the account in the name of D on May 11, 2016, under the pretext of down payment to 2 vice versa from the damaged party.

In addition, from around that time to May 24, 2016, the Defendant received a total of KRW 1,458,00,000 from five times as indicated in the list of crimes below, and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. A copy of bankbook;

1. Previous convictions: Reporting the previous convictions and results of checking, and the application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act (in order to observe the protection and surveillance and prevent the recidivism) of the community service order has become final and conclusive in the judgment of the defendant when committing the instant crime.