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

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

Punishment of the crime

On May 2, 2019, the Defendant called, at the French land, the victim-based online business division in the Dispute Resolution Co., Ltd., and called, “I am a siren. I am a siren 144,500 won by automatic transfer method at the 15th day of each month. I am a massage in the first floor of the D Building.”

However, the defendant, upon receiving a massage's payment, thought that he would sell it to others to prepare living expenses, etc., and even if the massage's person was concealed, he did not have any intention or ability to pay the sirens normally.

As above, the Defendant, by deceiving the victim company as above, received from the victim company, the victim company, who was affiliated with it, the amount equivalent to KRW 8,525,50,00 from the first floor of the DD building at door-gu around that time, and received from the victim company the provisional goods of KRW 28,539,500 in total market price at five times from that time until May 31, 2019 as shown in the attached crime list.

Summary of Evidence

1. The defendant's legal statement E, each police statement of the F, and each statement of H;

1. Application of the Acts and subordinate statutes of sirens agreement, written confirmation on the installation of massages, written confirmation on the installation of electric shocks, sirens agreement, details of application, written contract, sirens, and installment contract;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against I for a victim, stock company I with the largest penalty);

1. Suspension of execution under Article 62 (1) of the Criminal Act (subject to probation, in consideration of the fact that the defendant has led to confession and misjudgmentation, and that there is no record of the same crime except for punishment of a fine of small amount for a long time);

1. Article 62-2 (1) of the Criminal Act on Probation;