A defendant shall be punished by imprisonment for four 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

Around August 2008, the Defendant told the victim C to the effect that “KITA is a company that manufactures and sells Nit computer, which is a director of KITA and has the special right to purchase the products of KITA company. In advance of the purchase of the products, the Defendant would have the general right to purchase the products, on the face of KRW 30 million.”

However, the facts are that the defendant is not an officer or representative of the KITA, and even if he receives the money from the victim, he did not have the intention or ability to exercise the right to make a total sales.

The Defendant, under the pretext of advance payment for the operation of the KITA's general sales store and for the purchase of products, received from the victim each remittance of KRW 10 million on August 19, 2008, KRW 10 million on August 29, 2008, and KRW 10 million on September 5, 2008, and KRW 10 million on September 5, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (it does not have the same criminal record for the defendant, the defendant reflects the crime of this case, and is currently being hospitalized in brain color) or more.