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

Criminal facts

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some amendments were made according to the facts obtained through the examination of evidence.

The defendant is a person who has operated a warning point in South Ecuador.

Around December 2006, the Defendant said that, “Acuador” would open to the victim E, who was playing at Ecuador, “Acuador,” at the location of Ecuador “Acuador”. When investing US$ 40,000, the Defendant would transfer 40% of the monthly profit. At least monthly, the Defendant said that the Defendant would transfer US$ 4,000.

However, in fact, the Defendant did not have any intent or ability to pay at the time the “profit that he promised” to receive the investment money from the victim.

Nevertheless, the Defendant, by deceiving the victim on March 6, 2007, received US dollars 10,000 from the victim to the account of G (or Ecuador’s care point operated by the Defendant) in the name of F around March 6, 2007, and received and received the remittance of US$ 37,000 in total on four occasions from around that time to April 2, 2007, such as investment money, as described in the attached list of crimes in the same manner.

Summary of Evidence

1. Partial statement of witness E;

2. Part of the prosecutor's statement concerning E in the protocol of statement;

3. Application of Acts and subordinate statutes to e-mail details, statements of remittance transactions, applications for foreign currency remittance, receipt of foreign currency remittance, statements and receipts, investigation reports (Evidence Nos. 13, 18, 19, 29-32 and 46)

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment (a comprehensive determination of imprisonment with labor), the reason for sentencing of the instant crime, and the fact that the nature of the crime is bad in light of the amount of fraud, etc. are elements for sentencing unfavorable to the Defendant.

On the other hand, there are parts to take into account the details and process of the instant crime, and the fact that the Defendant has no record of crime is an element of sentencing favorable to the Defendant.

Furthermore, the defendant's age, character and behavior, environment, etc. are discussed.