A defendant shall be punished by imprisonment for not less than eight 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 September 2017, the Defendant had a victim B (30 years of age) and a meeting with C and a meeting, which is the defendant, at the main points in the cheon-dong, Gangdong-gu, Seoul, Seoul, and tried to borrow money from the victim as if he was female C, while driving as if he was female C, with the victim’s money lending to the victim.

On September 2017, the Defendant stated that the Defendant would introduce the said C to the victim and offer it to the victim at the Buddhist land. The Defendant, who pretended to be C, sent the Kakakakao Amox message to the victim by way of sending the Defendant’s Kakaooth message, and he stored her pro rata. On November 21, 2017, the Defendant stated that “The Defendant was pregnant with the Defendant’s her former male-friendly son, who would have to abortion, and would have paid 5 million won as soon as possible.”

However, in fact, the Defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim, since the Defendant had access to the victim as if he was a female in order to acquire the money from the victim.

As above, the Defendant, by deceiving the victim as above, received 1 million won from the victim to the account of community credit cooperatives (E) in the name of D, and acquired 4 million won by transfer from the account (F) in the name of a person who was not in the name of the victim, and acquired by defrauding 2,3930,000 won from May 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. The Kakao Stockholm dialogue;

1. A list of details of deposit transactions and withdrawal transactions;

1. Application of Acts and subordinate statutes to a report on investigation (verification of cell phone names using a suspect);

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

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

1. Circumstances unfavorable to the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant, who is a male, has been working in female, against the victim for a long time.