A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On July 2016, the Defendant stated that “The Defendant: (a) at the victim C’s house located in Seo-gu Daejeon, Daejeon, Daejeon; (b) “The Defendant sold money from the gold banks located next to that, and (c) sold money from the gold banks to the Defendant; (b) KRW 20 million as interest on one month; and (c) the principal would be paid on one day when the Defendant wants to do so.”

However, in fact, the defendant thought that he will borrow money from the damaged person, including others, and did not have the intention or ability to pay the money to the victim by means of a gold accident.

Defendant deceiving the victim as above, and 4 million won in cash from the victim on July 11, 2017, and 16 million won in the name of Nonghyup EC Co., Ltd. were delivered to the victim, and 20 million won in total were acquired through deception.

2. On December 7, 2016, the Defendant stated to the effect that “Around 15:00 on December 7, 2016, the Defendant: (a) Dalcheon-gun L operated by the injured party G, which was located in the Y, Pacheon-gun F, “W will work in the multilateral bank operated by the injured party; (b) but, as he was driving a siren, it is necessary to have an accident and KRW 4,500,000 as an amount agreed upon; and (c) if 2,50,000,000 won is lent, it would be extremely high in the multilateral bank.”

However, in fact, the defendant did not intend to use not only money but also money borrowed from the injured party for the purpose of agreement.

The Defendant, as above, received KRW 2.5 million from the NA J account in the name of the Defendant as the loan money from the injured party on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes of K to each written statement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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