A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On October 30, 2015, the Defendant calls the victim E from the D restaurant located in Suwon-si C in Suwon-si, Suwon-si on October 30, 2015, and there is a need to deposit money for naturalization in Korea.

The remittance of the deposit of KRW 30 million shall be changed. When the naturalization procedure is completed, it shall be immediately returned.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party as the naturalization deposit, he/she thought that he/she will use it for both personal purposes, not as the naturalization deposit, and as he/she did not have any special property, there was no intention or ability to pay the money borrowed from the injured party because he/she had no intention or ability to pay the money.

On November 2, 2015, the Defendant, by deceiving the victim and deceiving the victim, received 30 million won as the naturalization deposit from the victim to the Nonghyup Bank account (F) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (verification of details, etc. of application for naturalization of a suspect), investigation report (to hear statements from a public official who enters or leaves the Republic of Korea);

1. Application of Acts and subordinate statutes to a copy of verification certificate and a statement of deposit and withdrawal from accounts;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the basic area [the scope of the recommended punishment] in the category 1 (less than KRW 100 million) and the basic area [the scope of the recommended punishment] from June to June; and

2. In light of the following: (a) the scale of the sentence to be sentenced; and (b) the amount of the money obtained by defraudation of this case to the present time, only the damage was recovered and the money was not received from the injured party; and (c) a serious punishment against the accused is inevitable.

However, considering that the defendant has no record of committing the same crime and has no record of criminal punishment heavier than that of suspension of execution, the age, sex, and environment of the defendant.