A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, in the Dong-gu, Gwangju Metropolitan City, carried out the business related to the infertility and mountain ginseng in his trade name, carried out as if he were fully capable of performing his obligations, such as selling mountain ginseng to the victims E (Inn, 1958 students) who operate a restaurant in the vicinity of the Pyeongtaek-gu D.

Around August 2009, the Defendant made a false statement to the victim at the above “D office,” stating, “The Defendant lost a mountain ginseng glock, and then supplied a mountain ginseng to Samsung Group, thereby lending KRW 1,100,000,000, as it is necessary to pay the mountain ginseng appraisal fee to the Samsung Group.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

Accordingly, the Defendant, as seen above, was accused of the victim and received 1.1 million won in cash immediately from the victim.

The Defendant, including this, from around that time to May 2010, received KRW 12 million in total from the victim eight times as indicated in the list of crimes by deceiving the victim by means of “a need for expenses to be incurred in attending seminars. It is necessary to deliver mountain ginseng. It is immediately possible to pay the money upon delivery.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A protocol concerning the examination of suspect against the defendant (E substitute part);

1. Application of Acts and subordinate statutes on the account details of cash payment, certificate of deposit, and F-registered Gwangju Bank;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-1.6 months) (the special person) [the sentence] / six months of imprisonment, two years of suspended sentence - two years of fine less than 18-19 years, and two previous years of imprisonment and one time of imprisonment.