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

After proposing the victim C to have a defect in the business of importing red ginseng X-ray, etc. in China, the defendant had tried to obtain money from the victim as the price of goods, etc.

On June 3, 2013, the Defendant made a false statement that “The value of the goods has to be paid to the victim” in E located in Yangju-si D.

However, even if the defendant received money from the victim, he did not have the intention or ability to import goods in China.

The Defendant received a cash card from the victim and withdrawn KRW 15 million from the account of the victim, from that time until June 15, 2013, and received a total of KRW 18 million from that time, as shown in the attached Table of Crimes, from June 15, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to each note and a copy of passbook;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of the concurrent crimes, the prosecutor indicted each of the instant fraud crimes as an inclusive crime. However, even if the victim is the same, it is reasonable to regard the victim as a substantive concurrent crime, since the applicable law or the content of deception differs from each other.

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Fraud (less than KRW 100 million) in the mitigated area (one month to one year), in a case where punishment is not granted or considerable damage is recovered [decision of sentence] in accordance with six months of imprisonment with prison labor, six months of suspended sentence, and two years of suspended sentence, in light of each of the crimes of this case, the frequency of crimes, and the form of conduct, etc., and the defendant is not less vulnerable to the quality of crimes.