A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 20, 2015, the Defendant issued KRW 18 million from the victim D’s office in the “C” office located in Seocheon-gu, Seocheon-si, Seocheon-si, Seoul, to the effect that “If you send the purchase price of vehicles to KRW 18 million, you shall purchase the vehicle and resell it, and then pay KRW 19 million by adding profits to the purchase price of the vehicle.” The Defendant received KRW 18 million from the victim.

In fact, even if the defendant received money from the injured party as above, the defendant did not have the intent or ability to resell the car and pay the benefits, and the money the victim delivered was a plan to use the money to pay the defendant's personal debt.

As a result, the Defendant was given KRW 18 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] There is no basic area (6 months to one year and six months) of Class 1 (less than KRW 100 million) [the person subject to special sentencing] [decision of sentence] The defendant recognized the crime of this case and repents, there is no power to commit the same kind of crime, there is no damage amount, part of the damage amount is relatively small, and other conditions of sentencing as stipulated in Article 51 of the Criminal Act are considered.