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 became final and conclusive.

Punishment of the crime

On October 29, 2013, the Defendant concluded that “Aber land is serving as outside directors of the Yeongdeungpo-gu Seoul Metropolitan Government Btel 810, and the father company provided monthly rent when its executives and employees submit a lease contract, and the father company provided the monthly rent of KRW 40,000,000 to the father company, and paid monthly rent of KRW 80,000 from the father company of each month, and returned KRW 4,000,000 to the father company after one year.”

However, the father of the defendant did not have worked as outside directors of the company, and the defendant was liable for a total of KRW 50 million including financial rights obligations at the time, and was thought to use KRW 40 million received from the victim for the purpose of debt repayment. Thus, even if he received KRW 40 million from the victim, he did not have the ability to submit it as a security deposit to the father company or to pay KRW 40 million to the victim after one year.

On October 29, 2013, the Defendant received KRW 40,000 from the victim to the Defendant’s national bank account (D).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A specification of transactions;

1. A copy of the contract for the lease of an officetel;

1. The contents of the Kakao dialogue;

1. Investigation Report (Attachment of Statement of Transfer Transactions to Victims) - Application of Acts and subordinate statutes on transfer transactions;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100,000) (6-10,000) basic area (not more than six months to one year and six months) / [the decision of sentencing] the defendant has no criminal history prior to the instant case, the defendant has a depth of committing the crime, is divided and reflected in depth, and the victim has paid money for 80,000 won each month for 12 months.