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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

Around March 26, 2008, the Defendant made a false statement to the victim D’s house located in the Philippines C, stating that “If the container enters a customs house and the container borrowed money due to lack of customs clearance costs, the Defendant would dispose of the container goods and repay the money.”

However, the defendant did not import containers and did not have any intent or ability to repay money borrowed from the victim.

Around March 26, 2008, the Defendant, by deceiving the victim as above, received 40,000 pestes from the victim on or around March 26, 2008, as well as from around that time to August 9, 2008, obtained 32,690,000 US$ 140,000 and USD 10,000 US$ 10,000 and KRW 43,081,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of exchange rate table statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] General Fraud (less than KRW 100 million) and there is no basic area (six months to one year and six months) [Judgment of sentence] [Judgment of sentence] The amount of defraudation caused by the instant crime is not less than KRW 43 million, and the fact that the Defendant did not agree with the victim even until now is disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant, such as the fact that the defendant has divided and reflected his mistake in depth, deposited 17 million won against the victim, and that there has been no criminal history for about 15 years, etc.

In addition, the sentencing criteria of the Supreme Court's sentencing committee have been set in full view of the motive, means and result of the instant crime, circumstances after the instant crime, age, character and conduct, intelligence and environment, and various conditions of sentencing as shown in the records and arguments.