A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 7, 2015, the Defendant made a false statement to the effect that “If sending KRW 50 million to the victim C, he/she will get the victim to find employment with an automobile company by her early payment,” at a place where no location is known.

However, the defendant did not have any ability or intent to find the victim's assistance in the above company, and was thought to use the money received from the victim for personal debt repayment, living expenses, etc.

Ultimately, on October 10, 2015, the Defendant, by deceiving the victim as above, received 45 million won from the victim to the account in the name of the Defendant on October 10, 2015 and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to the written complaint, copy of passbook, and written confirmation;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (which shall not be imposed upon the same type of punishment and the previous sentence, and shall be considered as agreed upon after the recovery of damage);