A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, in around July 2015, at the “D” located in the Daegu Jung-gu CW324 around 2015, would be able to impose money on the Victim E for a funeral service for a news report from which he/she supplies Arabics to singing in the singing room. The Defendant requires KRW 50 million for a news report, and the interest shall be two copies, and the principal shall be paid in a lump sum until the end of December 2016.

“Along with the fact that the Defendant did not have a plan to refrain from reporting, the Defendant was thought to use the money received from the victimized party as a singing operating expense, and there was no certain income or property because it was difficult to operate the Defendant’s singinging. Therefore, even if the Defendant received money from the victimized party, there was no intention or ability to repay the money

Nevertheless, on July 28, 2015, the Defendant: (a) by deceiving the victim; (b) transferred KRW 3 million to the Agricultural Cooperative Account in the name of the Defendant from the victim; and (c) transferred KRW 8 million to the Agricultural Cooperative Account in the name of the F on August 13, 2015.

Ultimately, the Defendant was given a total of KRW 11 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of custody or a certificate of borrowing of cash;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] [In the case where a person commits a fraudulent act under KRW 100 million] - In the case where a person commits an incomplete intentional act, or the degree of a deceptive act is weak, [the scope of the recommended sentence] mitigation area / [the scope of the recommended sentence] January 1 to 1 year / [the decision of sentencing] is not yet recovered until the crime is committed and the victim did not have any smooth agreement with the victim, it is sentenced to imprisonment. In light of the amount of fraud, it is deemed that the scale of substantial damage is small, the degree of deceptive act is relatively weak, and the defendant is against the unity of this case.