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 February 2, 2014, the Defendant came to know of the fact that “the victims want to seek advice necessary for the new construction of a house” while serving as delivery personnel for the E plant operated by the victim C and D (the victims are married couples) in the Young-gun B of Gangseo-gu, the Defendant made a false statement to the victims that “the victims want to seek advice from 10 million won if they want to do so.”

However, in fact, even if the defendant received the payment, he did not have the intention or ability to purchase the stone to the victims by paying the principal and interest of the installment of the vehicle.

Nevertheless, the defendant deceiving the victims as above, and he acquired 10 million won from the victim D to the agricultural bank account in the name of the defendant around February 27, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a complaint and a certificate of deposit confirmation;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act does not exist (the period of punishment is less than KRW 100 million) in the basic area (from June to June) [the person subject to special sentencing] [the decision of sentence] that the defendant has recognized the crime of this case; the favorable circumstances that the defendant has no record of punishment in excess of the same kind and fine; the damage has not yet been recovered; and other unfavorable circumstances such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, shall be determined as the order.