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 becomes final and conclusive.

Punishment of the crime

On March 5, 2015, the Defendant called “C Membership Exchange” office in Jeju-si B, and sent KRW 10 million to the Defendant, the Defendant would be able to first pay KRW 20 million to the seller the purchase of “CC membership” at KRW 120 million by paying KRW 10 million to the seller.

“A false representation was made.”

However, when the Defendant received the above money from the obligees due to the obligor's demand for repayment of the obligation, the Defendant was planned to use the money to repay the obligation to others, and thus, the Defendant did not have the intent and ability to use the money as the purchase price for the above golf club membership even if he received the payment of KRW 10 million from the

At around 11:59 on the same day from the victim, the defendant deceivings the victim as above, and acquired the money of KRW 10 million from the Saemaul Treasury account (Account Number E) in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including deposit certificates without passbook attached thereto);

1. Application of laws and regulations on payment notes, Kakao Stockholm details, and transaction details by account account.

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing sentencing under Article 62-2 of the Social Service Order Criminal Act, the range of sentencing guidelines [the range of sentencing guidelines (the fraud group, general fraud, type 1 (less than KRW 100 million), the basic area of imprisonment, six months to six months], and the following circumstances are considered: recognition of the facts of crimes and reflects the fact of crimes; the fact that there is no record of being punished for the same kind of crime or of criminal punishment heavier than the fine; damage is not recovered at all; the fact that damage is not recovered at all; and the fact that the suspension of indictment was imposed on August 18, 2015 by the same species of punishment around December 2014; and other means of fraud and fraud: