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

On December 27, 2018, the Defendant reported D job offer advertisements in the Dong-gu Incheon Metropolitan City, and “C Hospital” in front of the “C Hospital,” and falsely concluded that “The Defendant, while operating a brine at the new construction site of a F apartment, remitted KRW 1 million down payment that reduces the right to operate a brine, a manager and a concurrent office store at the construction site of a F apartment.”

However, the defendant did not operate a house, and he thought that he would receive money from the victim without the intention or ability to give him a right to operate a store that is also a manager and used it as living expenses.

As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the Agricultural Cooperative (H) account in the name of G on the same day.

The defendant continued to carry out funeral services at the same time, stating that "the head of a Tong shall be required to do so, and the head of a Tong shall be informed LH construction company of the head of a Tong to receive money through the head of a Tong." The defendant received the cream card in the name of the victim, and then received the cream card. "The amount of money due to a shortage of facility costs is changed in connection with the cream restaurant," and the cream card was remitted from the victim to the account in the name of the victim on January 3, 2019, around 4 million won, around 12, 200,000 won, around 19, the 2 million won, around 19, the 8 million won, etc., and around 19, the 8 million won, as the passbook opened by the victim.

Accordingly, the defendant received a total of KRW 9 million from the victim in the name of the right to operate the cafeteria, and acquired property profits.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

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

1. The defendant shall be sentenced to six months of imprisonment, taking into account the following factors: the purpose of the suspended sentence under Article 62(1) of the Criminal Act, the amount of the punishment by fraud, the poor number of crimes, and the failure to recover damage, and the majority of the criminal records of the defendant; however, the defendant's health status, motive, age, and attitude after the crime shall be considered.