A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 7, 2015, the Defendant made a false statement to the effect that he is a person engaged in the repair business of precious metals in Jongno-gu Seoul Metropolitan Government, and that “E” in the precious metal sales store operated by the victim D in Jongno-gu Seoul Metropolitan Government, “The sales proceeds shall be paid without molding the sales proceeds by selling the Bail or half-in on the face of the principal.”

However, there was no intention or ability to pay a normal consignment or sales proceeds even if the victim received a release on bail or a return from the victim.

On the same day, the Defendant: (a) from the victim, she fested 1 kmond 1,00,000 won at the market price of KRW 10 million in E; (b) 1 kmond 1,000,000 at the market price of KRW 5 million at the market price; (c) 1 kmond 1,2 million at the same place on September 13, 2015; and (d) 5 kmond kmond 1 at the market price of KRW 40,000 at the same place on November 21, 2015.

As such, the Defendant, by deceiving the victim, obtained bail and rebuttals worth KRW 70 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Article 62(1) of the Criminal Act provides that the value of bail, etc. obtained by the defendant for the reason of sentencing is not much significant; on the other hand, the defendant recognizes and reflects his mistake instead of the defendant; the victim does not want the punishment against the defendant by agreement with the victim; the defendant's age, character and behavior, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and other conditions of sentencing such as the situation after the crime.