A defendant shall be punished by imprisonment for six months.

except that 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, around March 15, 2013, invested KRW 15 million to the victim C (year 35 years of age) in the Megical motor vehicle service center located in the Daejeon Seo-gu Bukdong, Daejeon, and operated the marine camping game site.

The Defendant received KRW 15 million from the victim’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s mother bank account (Account Number E). Afterwards, the Defendant continued to purchase the Defendant’s 20t cargo vehicle with the acquisition price of KRW 28 million, excluding the amount of KRW 15 million already paid, with the acquisition price of KRW 15 million, and received money from the victim via the Defendant’s agricultural bank account with the said D name KRW 4 million around April 4, 2013, around April 8, 2013, and around April 12, 2013.

However, at the time of fact, the Defendant was in bad credit standing equivalent to KRW 15 million, and even if having received money from the victim, it was intended to operate the game room or to use it for personal debt repayment, etc. with no intent or ability to purchase the cargo vehicle.

Accordingly, the defendant deceivings the victim and 27,300,000 won in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the suspended sentence [Scope of Recommendation] - Fraud group, general fraud (type 1), mitigation area (type 1), imprisonment with prison labor for one month to one year (decision of a sentence), six months, or one year (decision of a sentence] imprisonment with prison labor for a period of six months, or two years under a suspended sentence, but the defendant has the same criminal records against his/her own mistake, the victim is not wanting to be punished by mutual consent with the victim, and the defendant's age, character and behavior, environment, circumstances, means and result of the crime.