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

The defendant, who operates the main point of "C" in Yeonsu-gu Incheon Metropolitan City B, has reached KRW 60 million, and the monthly income has been caused by bonds interest and gambling funds, etc., and thus, even if the defendant was paid the time limit, he/she did not have the intention or ability to pay the monthly payment properly even if he/she was paid the time limit for the operation of victim D.

Nevertheless, at the main point of the operation of the above defendant around June 2018, the defendant made phone calls to the victim and made a normal monthly payment to the victim upon joining the 30 million won fake to pay 2 million won per month. The defendant made a false statement to the victim that "on a prompt basis, it shall be subscribed to the number of 30 million won per month and shall be sent to the 3.0 million won, so that the victim may join the 3.0 million won operated by the victim."

Since then, the defendant paid 2 million won to the victim three times from around that time to August of the same year, and paid 2 million won per month to the victim under the same year.

9. At around 15.15. Around the aforementioned false statement of the Defendant, the Defendant received KRW 30.6 million from the victim as the time limit money and received the remainder KRW 14.6 million from the bank account (enterprise E) in the name of the Defendant after deducting 16.6 million from the victim’s debt owed to the victim.

Accordingly, the defendant was delivered KRW 30.6 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement of the victim;

1. Application of statutes on response to credit information;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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

1. The scope of recommendations according to the sentencing criteria (decision of types) shall be the basic area of less than KRW 100 million [the scope of recommendations and recommendations], the basic area of which is less than KRW 100 million, and six months through six months;

2. Determination of sentence: 6 months of imprisonment, the content and circumstances of the crime as indicated in the 2-year stay of execution, the amount of fraud, the amount of 9.6 million won paid to the victim, and the defendant's mistake is recognized.