A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

On June 5, 2015, the Defendant had the same attitude to pay a map at the time of raising the map in a Buddhist area below the Gangwon-gun, the Defendant subscribed to the 28 unit successful bid for the 28 unit (one million won for the operating period from June 5, 2015 to September 5, 2017) in which the victim C is a leading state.

However, in fact, the Defendant did not have any particular property at the time, held a debt equivalent to KRW 50 million for a bond company, and paid the interest of KRW 2.5 million per month. The Defendant did not have any intent or ability to pay KRW 1 million every month for the multiple business income in operation, which is only the amount equivalent to KRW 2 million per month, even if the Defendant received the payment by joining the bid bid, even if he received the payment by joining the bid, the Defendant did not have any intent or ability to pay the total amount of KRW 1 million every month during the period following the receipt of the payment.

On July 5, 2015, the Defendant, by deceiving the victim, received money of KRW 20,40,000 from the victim as a successful bid price, from the victim, and acquired money by transfer from the victim to the D’s veterinary account.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the examination of the suspect, prepared by the prosecutor against the accused (part concerning the financial standing);

1. The legal statement of the witness C;

1. The successful bidder's account book (the defendant and his defense counsel operated a multiple unit and raised a monthly revenue of 400 to 50 million won, and thus, it is not not capable of paying the advance payment, and the victim's payment of the advance payment is limited to the payment of the advance payment to the husband D's account without the consent of the defendant. Thus, there is a justifiable reason for not paying the advance payment.

The argument is asserted.

However, in light of the Defendant’s financial status that appears in the Defendant’s statement at the investigative agency (150 to 20 million won monthly income) and the Defendant’s response to financial transaction information, the Defendant appears to have been unable to pay the fraternity at the time of receiving the instant fraternity. Meanwhile, the Defendant was using the account in the name of “D” due to E as it was impossible for the Defendant to open a passbook due to bad credit holders at the time of the instant case.