A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around January 2018, the Defendant made a false statement to the victim C at the victim C’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around early January 2018 that “from August 2018 to April 2019, the Defendant changed the victim into KRW 35 million in advance payment in his/her work in his/her Kim Jong-gun.”

However, even if the defendant receives the advance payment from the victim, he did not have the intention or ability to work in the Kim ro of the victim.

The Defendant received KRW 10 million from the victim on January 19, 2018, to a bank account under the name of the Defendant, and received KRW 25 million from the same account around the 31st day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. Around April 2018, the Defendant made a false statement to the effect that, “Around April 2018, the Defendant attempted to work in the Kim-type market as agreed, and, if so, there is a need for a vehicle to go to the head of the Gunsan to go to the port.”

However, even if the defendant received the vehicle from the victim, he did not have the intention or ability to work in the Kim ro of the victim.

On April 2018, the Defendant received from the victim one vehicle of 2 million won at the market price in front of the victim’s residence in Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Investigation report (to have telephone conversations for witnesses);

1. A specification of transactions, a register of automobiles (A);

1. Recording recording 1, standard labor contract, and application of Acts and subordinate statutes of the Decision of Declaration of Bankruptcy (A);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraudulent offenses. The general fraud (the type 1) shall be less than KRW 100 million.