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

The Defendant, along with B and C, conspired with the victim E, to receive advance payment from the victim as if he/she were to perform an act as an employee of “FC” operated by the victim E in Gyeongnam-gun, Gyeongnam-gun.

Accordingly, on January 19, 2012, the Defendant, B, and C made a false statement to the victim “FC” that “from January 26, 2012, the Defendant changed the pre-paid payment to an employee.”

However, in fact, even if the defendant, B, and C received the advance payment from the victim, he did not have the intention or ability to work as an employee in the above multi-faceted manner.

The Defendant received KRW 5,50,000 from the victim to the post office account in the name of G for the same day, and KRW 4,00,000 from the agricultural bank account in the name of B, and KRW 4 million from the agricultural bank account in the name of C, respectively.

Accordingly, the defendant was given property by deceiving the victim in collusion with B and C.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the loan certificate and detailed statement of transactions;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution shall be decided as above on the grounds of Article 62 (1) of the Criminal Act (the fact that the defendant has expressed his/her intention not to punish a punishment by mutual consent with the victim, etc.) or more;