A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 10, 201, the Defendant made a false statement to the victim C, “Around the Seo-gu, Seo-gu, Daejeon, and the fifth floor, the Defendant employed the victim’s children in Busan to D in preparation for job placement costs.”

However, even if the above amount is received from the injured party, there was no intention or ability to work the injured party's children in D.

Nevertheless, the Defendant received from the injured party the delivery of KRW 10 million, around November 12, 201, around 14, 201, KRW 5 million around the same month, KRW 10 million around December 6, 201, KRW 10 million around February 20, 201, KRW 10 million around February 20, 201, KRW 10 million around April 13, 201, KRW 10 million around September 7, 2012, KRW 10 million around September 7, 2012, and KRW 130 million around November 13, 2012 as the Busan Bank Account in the name of the Defendant.

In this respect, the Defendant, by deceiving the victim, was given KRW 65 million over seven occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transfer;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the fact that the defendant has no criminal record of imprisonment without prison labor or heavier punishment for the reason of sentencing of punishment, and that his mistake is divided, is favorable to the defendant.

However, in light of the fact that the contents of the instant deception are not good and the victim did not recover damage, it is inevitable to render a sentence like the order.

Provided, That the legal detention shall not be made in consideration of the health status of the defendant, the possibility of additional repayment to the victim, etc.