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

The Defendant is a person who was engaged in the wholesale and retail business of computer equipment in Daegu-gu, and the Victim D was prepared to open accommodation business in the name of “F” in Seogu, Daegu-gu around July 2017.

On July 31, 2017, the Defendant concluded a contract with the victim to install computers and monitors at each guest room in the above telecom. The Defendant stated, “First, the Defendant purchased the down payment and intermediate payment of KRW 14,000,000 with the money, and then installed computers and monitors at 40, respectively, until October 2017.”

However, in fact, the defendant was thought to use the above money to pay for investment in stocks or to pay for living expenses from the victim, and he did not have the intent or ability to install the above telecom by purchasing the above money with a computer.

The Defendant, by deceiving the victim as above, was transferred KRW 14,00,000 to the Daegu Bank Account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the head of a complaint, a copy of a sales contract, a written estimate, a copy of a receipt for deposit, a text message, and a proof of details of each deposit transaction (Evidence No. 8, 9)

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

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: The following circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime is committed: