A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On June 30, 2014, around 14:26, 2014, the Defendant: (a) purchased tobacco 1 cigarette in “D” operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City; (b) provided 50,000 won to the victim; and (c) provided 48,000 won to the victim as if the victim was not paid KRW 38,00,000; and (d) received KRW 10,000 from the victim C as additional money.

The defendant was granted property by deceiving the victim C to receive property.

2. On June 30, 2014, at around 14:30, the Defendant attempted to commit fraud: (a) purchased tobacco 1 A from “GV” operated by the Victim F in Gwanak-gu, Seoul Special Metropolitan City, and received KRW 50,000 from the victim, and (b) received KRW 48,000 from the victim as if he did not receive KRW 38,00,000; (c) on the other hand, the Defendant received KRW 10,000 from the victim F, namely, the Defendant did not receive KRW 10,00 from the victim F; (d) however, the Defendant was not guilty of the Defendant’s commission of the crime.

Accordingly, the defendant had attempted to receive property by deceiving the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of C and F

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (the point of fraud), Articles 452 and 347 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Social service order under Article 62-2 of the Criminal Act;