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

On June 2013, the Defendant made a false statement to the effect that “C” ran tavern located in Northern-gu B at port to the victim D, “I would have children work for EM. In order to request the chairperson of the Trade Union and the persons who are well aware of it, I need to pay KRW 40 million for the street funds.”

However, the defendant thought that he would use the money received from the victim as his living expenses, etc., and the victim's children did not have the intent or ability to allow the employee to find employment in the above trade union with the care for the executive members of the trade union.

On June 14, 2013, the Defendant, by deceiving the victim as above, took a cashier’s check of KRW 15 million on or around June 14, 2013, and was issued KRW 40 million on or around September 12, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to a copy, a copy, or a transcript of each check;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (100 million won or less) [Special Mitigation] [Determination of Sentence] of the mitigated area of punishment (1-1 year or less] of the defendant's punishment / [decision of sentence] of the defendant's punishment for the same kind of crime in light of the circumstances of the crime, the circumstances of the crime, the fraud method and amount, etc., disadvantageous circumstances that are disadvantageous to the defendant, the defendant's mistake is recognized, the fact that the defendant has agreed with the victim, the circumstances favorable to the agreement with the victim, and other circumstances shown in the argument of this case, such as the defendant's age, character and behavior, motive for the crime, and conditions after the crime