A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On June 9, 2018, the Defendant sent a phone call to the victim D and would be able to receive a public auction by requesting the fee to the Dong at that time.

1. It is difficult to make profits to the extent of KRW 60,00 if sold after receiving the goods of a quantity of truck for public sale.

The phrase “(15 million won) was false.”

However, in fact, the defendant thought that he will receive money from the injured party to use it for living expenses and repayment of debts, and there was no intention or ability to make profits from public sale in customs office.

The defendant deceivings the victim as above and was delivered KRW 15 million in cash from the U.S.C., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S. on June 12, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on recording notes, transaction details of passbooks, and text details;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 (less than KRW 100,00) in the mitigated area (one month to one year, and no penalty shall be imposed); and

2. Circumstances unfavorable to the reasons for sentencing: The punishment shall be determined as per the order, taking into consideration the overall circumstances surrounding the sentencing conditions, such as the defendant's age, sex, motive, means and consequence of the crime, and the fact that the defendant has committed the crime in this case and has agreed with the victim, etc.