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

Criminal facts

On February 17, 2016, the Defendant made a false statement to the victim D that “The 2008 benz S350 vehicle will deliver the said vehicle to the victim if he/she pays the money by a public auction because the 2008 benz S350 vehicle offered a bid within the country.”

However, the defendant did not hold the above vehicle from the beginning, and even if he received money from the victim, he did not have the intention or ability to deliver the above vehicle to the victim.

Nevertheless, on February 19, 2016, the Defendant, who made a false statement to the victim, received from the victim a transfer of KRW 13 million to the post office account in the name of the Defendant E (F) from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal affairs (the attachment of details of transactions of inputs);

1. The reason for sentencing under Article 347(1) of the Criminal Code of the relevant criminal facts is that the criminal defendant has a misunderstanding of his/her own misconduct, or that there is a same criminal power, and that there is no recovery from damage, etc. are disadvantageous circumstances.

In addition to these circumstances, the punishment is determined as ordered by comprehensively taking into account various sentencing conditions indicated in the records, such as the character and conduct, career, and the background and consequence of the instant crime, and there is no statutory restraint in order to give the defendant an opportunity to recover from damage.