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

Punishment of the crime

The defendant had attempted to obtain money from the victim H, who is a member of the same health club, for the purpose of employment mediation.

1. On August 2, 2013, the Defendant committed as if he could exercise considerable influence on the said person B by saying that “The Defendant would find a party’s deception in B” at the “J restaurant” located in Daegu Suwon-gu I, Daegu-gu. In doing so.

However, the Defendant did not have any person to make employment solicitation in the above “B,” and the money received from the victim is not used for employment solicitation, but is thought to be used for the Defendant’s personal debt repayment, and thus there was no intention or ability to arrange employment of the victim even if he received money from the victim.

Nevertheless, on August 23, 2013, the Defendant received 40 million won from the victim under the pretext of job placement and teaching expenses.

2. On September 23, 2013, the Defendant, at a “Lcafeteria” restaurant located in K in Daegu-si Si, Daegu-si, concluded that “the Defendant would make another fraudulent employment” to the victim by the said method, and received a remittance from the victim for the purpose of job placement and teaching expenses, of KRW 30 million around September 24, 2013, and around October 17, 2013, KRW 10 million from the victim.

Accordingly, the defendant deceivings the victim as above and acquired a total of 80 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders / [the scope of recommending punishment] / The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [the scope of recommending punishment]: The basic area of category 1 (less than KRW 100 million) (from June to January 6) / The reasons for both types / The defendant planned and intentionally