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

Around August 2015, the Defendant called “a person who lends KRW 60 million to a company run by pro-Japanese,” by phoneing the victim C at the Defendant’s residence located in his/her own residence in his/her own city, to make an investment in the company run by pro-Japanese, and to receive a large profit within three months from receiving a dividend payment.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would make an investment in D operated by the husband of the Defendant, and there was no idea to make an investment in the company run by the husband of the Defendant. At the time, the Defendant was obligated to pay a large amount of money, and there was no intention or ability to guarantee the Defendant’s profits within three months following the fact that there was a little amount of business funds, compared to the fact that the husband’s business funds were invested at the beginning of the beginning of the business.

As above, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim, around August 5, 2015, and KRW 30 million from the victim’s bank account around July of the same month, and received KRW 60 million in total from the victim’s bank account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a deposit passbook and a certificate of transfer;

1. Application of Acts and subordinate statutes to a report on investigation (as to the results of inquiry into credit information of a suspect), and reply requests for cooperation in investigation;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., the attitude of self-definite and reflectivity, the primary offender, and the fact that the agreement with the victim has been completed after the closing of argument);