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

Punishment of the crime

1. On September 2016, the criminal defendant against the victim B told B of his/her office deposit, office-use vehicles, incentives, and health-based food visit sales business to the victim B at the Sungsung-gu C hotel coffee shop: “However, even if the defendant received money from the victim, he/she thought that he/she would use his/her card price, so he/she did not intend to use his/her card price for the victim’s business, and therefore, even though he/she did not have any intention or ability to attract the victim’s visit sales business to spread, he/she received KRW 3 million from the victim as the office deposit money on November 7, 2016, including that he/she received KRW 208,000 from October 10 to April 2017, 2017.

2. Around March 2017, the Defendant: (a) contacted the victim E by telephone in the vicinity of the large exhibition; and (b) told the victim E to the effect that “A person is registered as an individual business operator and is running a health food and cosmetics business. Even if I want to do this business, I would sell the cosmetic of the Party by arranging the multi-level sales team at the multi-level sales team.”

However, even if the Defendant received money from the victim, he/she thought that he/she would use his/her card price, so he/she did not intend to use money for the victim's business, and therefore, even though he/she did not have the intent or ability to work for the victim's cosmetics sales business, he/she received the money by fraud from the victim and acquired it through the Defendant's wife F Bank account in the name of the Defendant's wife F Bank (Account Number: G).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The protocol of statement to E by the police;