A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On April 11, 2013, the Defendant concluded to the effect that “The Government would pay funds up to nine billion won to the Government when submitting a balance certificate exceeding three billion won to the Government, and would return the investment funds and profits up to the next day when investing the fee to the funds,” at the office in which the trade name is obscured in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant made a false statement to the victim C, stating that “The Government will implement a policy to train underground economy to revitalize the economic resources, and submit a balance certificate exceeding three billion won to the Government.”

However, the Defendant was well aware of the fact that the government did not pay funds by the above method, and even if the Defendant received funds from the injured party due to no particular assets at the time, there was no intention or ability to return the said funds.

Ultimately, on April 11, 2013, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5 million to a new bank account (Account Number: E) with the name of the Defendant’s father’s father on April 11, 2013; and (c) obtained a copy of a check from the new bank face value of KRW 10 million on April 16, 2013 and acquired the total amount of KRW 15 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to F, G, and H;

1. Investigation report (Attachment of suspect's previous decision of case);

1. Recording records;

1. Application of Acts and subordinate statutes governing transfer confirmation, a copy of a check, and a certificate of cash custody;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the execution of imprisonment shall be suspended in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the amount obtained by deceit, the criminal records, the age of the criminal defendant, sexual conduct, environment, etc.) of the Criminal Act;