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

At around 19:00 on November 23, 2012, the Defendant made a false call to the victim B, and “BMW 523i car is leased KRW 20 million as security. At present, the Defendant may not return to Korea unless he/she lends money to China.”

However, in fact, the Defendant had no fixed income or particular property at the time, and the said car offered as security had no value of collateral due to the establishment of a collateral equivalent to 31.5 million won of the maximum debt amount with the headquarters of the New Cooperative Federation as a creditor. However, the Defendant did not notify the victim of such fact and did so as to have value of collateral for the said car.

Accordingly, the Defendant, by deceiving the victim and deceiving it from the victim on November 23, 2012, transferred KRW 10 million to the Defendant’s account at around November 23, 2012, and KRW 8.9 million to the same account around November 26, 2012, and acquired KRW 18.9 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. Article 62 (1) of the Criminal Act;

1. Considering the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is not a large amount of damage, strict punishment against the accused is required.

However, the punishment as ordered shall be determined by taking into account the following factors: the defendant's mistake is divided, the defendant does not have the same criminal record; the defendant is also sentenced to community service order along with the suspended sentence of imprisonment; the defendant's age, character, conduct and environment; motives, means and results of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc.