A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In around 209, the Defendant made a false statement that he / she posts a telephone to friendly victim B, and that “When he/she purchases her in the Seongbuk-gu Seoul Development Area, she believed that there is a profit equivalent to 10 million won after 6 months to 800 to 10 million won, she will make an investment of 30 million won after 6 months after 6 months of the date to 30 million won.”

However, even if the defendant received investment money from the victim, the defendant did not have the intent or ability to pay the principal and profits to the victim who left the profit from the purchase and sale of the loan.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 1,00,000 from October 2, 2008 to the national bank account in the name of D, which was designated by the Defendant as remittance from the victim; (c) KRW 13 million from October 7, 208; (d) KRW 6 million from October 9 of the same year; (e) KRW 8 million from October 8, 21 of the same year to the national bank account in the name of E; and (e) KRW 2 million from October 30 of the same year.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the details of trading, entering and withdrawing transactions, and details of transactions by account;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) (Article 62(1) of the Criminal Act) where mitigation area (Article 1-1-1 year) (Article 1-1 year) or considerable damage is recovered [decision of sentence] agreed with the victim, there is no power to commit a crime exceeding the fine, there is no record of criminal punishment in excess of the fine, and there is no record of criminal punishment for the same kind of crime, and the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after committing a crime shall