Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

On April 23, 2018, the Defendant stated that “The Defendant, at a mutually incompeting point located in the Tong-dong, Namwon-si, Namwon-si, Do-si, Do-si, Nonparty B, who is a person related to the establishment of an elementary school, reads that “I would like to go through the maintenance distribution business, but I would like to go through the flower distribution business. If I would like to go beyond the wholesale company, I would like to forward the flower purchase fund to the wholesale company.”

However, in fact, the defendant was thought to use money from the victim for the purpose of gambling funds, loan interest, living expenses, etc., so even if he received money from the victim, he did not have the intention or ability to proceed with the destruction distribution business.

As above, the Defendant, by deceiving the victim as above, received KRW 20,000 from the victim to the Cbank account (D) in the name of the Defendant on the same day as business funds, from that time, and acquired it by deceiving the victim by the same method over 53 times in total, such as the list of crimes in the attached Table, from August 6, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to E Bank’s financial transactions (e.g., withdrawal), F message details, and details of account transactions (A);

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. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The range of recommendations according to the sentencing guidelines (the decision of types) shall be limited to the range of recommendations (the decision of types) according to the sentencing guidelines, which shall be not less than 100 million won for fraud, and less than 500 million won (the amount of punishment shall be limited to categories 2): The recommendation range and recommendation range where the victim causes serious damage.