A defendant shall be punished by imprisonment with prison labor for four 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 February 2014, the Defendant calls to the victim C, a newter, at a non-permanent location in the same manner, and calls to “A new public financial enterprise, and this enterprise, upon receiving an investment under the name of national investment, lives with small and medium enterprises.”

p. Investment L. This enterprise may give more interest to new people as an enterprise representing new people because the President, who is a new citizen, has been operating. It may give more interest to new people.

“A false representation was made.”

However, even if the defendant received investment from the injured party, the defendant did not intend to invest in the new financial company, and was planned to use it as the living expenses of the defendant.

Defendant deceiving the victim as above, and was transferred KRW 3 million from the victim on September 4, 2014, KRW 200 million on September 29, 2014, KRW 5 million on February 2, 2015, KRW 200,000 on April 12, 2015, KRW 200,000 on July 2, 2015, and KRW 200,000 on July 9, 2015 to the Defendant’s account under the name of the victim.

Accordingly, the defendant obtained a total of KRW 34 million from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to each investigation report (execution of a warrant of search and seizure verification, analysis of transaction details of passbooks, etc., and revision of remittance among criminal facts);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing) / [the scope of the recommended sentence] under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] (one month to one year) of the mitigated area (the special mitigated person] / the scope of the compared sentence between the applicable sentences and the recommended sentences in the case where the punishment is not imposed or considerable damage is recovered: one month to one year (the sentence decision] but the amount is not stated by fraud, but is not so accepted and reflected, most of the damage was recovered and the victim was not punished, and the primary offender was favorable to the defendant.