A defendant shall be punished by imprisonment with prison labor for four months.

Criminal facts

The Defendant, around July 8, 2014, at the office of “O Co., Ltd.” located in N in Gyeonggi-si, Gyeonggi-si, Inc., saying, “The Defendant was delegated by Q, the president, to sell one thousand construction machinery of Q, which is a construction machinery of the company.” The Defendant said, “The ownership of 50 million won in Jeju-do will be transferred.”

However, in fact, the Defendant did not have been delegated with the authority to sell Q, and attempted to receive money from the victims to use it for personal purposes.

Nevertheless, the Defendant, by deceiving the victim, received KRW 1,00,000 from the victim as the down payment on July 9, 2014, and acquired KRW 14 million as the intermediate payment on August 13, 2014, respectively, to the Defendant’s agricultural bank account, and acquired KRW 15 million in total.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on statement by the police to P;

1. The relevant provision of the Criminal Act and Article 347(1) of the Criminal Act with regard to criminal facts and the reason for sentencing, etc. of the instant crime are disadvantageous factors to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant acknowledged the facts charged in the instant case, and there is no record of crime.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal records, were taken into account equally, and also referenced to “Fraud sentencing guidelines” prepared by the Sentencing Committee.