A defendant shall be punished by imprisonment with prison labor for four 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 July 2014, the Defendant decided to operate a waste-related business by investing money with four persons, including the victims B, a middle school Changdong, and making a loan equivalent to KRW 80,000,000 for the purpose of investment in the above business, and the victim was found to have suffered losses from the wind that does not proceed as scheduled in accordance with the plan. On September 2014, the Defendant provided that, “The victim would compensate for losses from waste-related business. If the Defendant borrowed money to C, a person operating a used vehicle sales business, with a business fund, he/she may receive KRW 1,50,00 as interest per month, including interest from May 2015, to pay the existing losses.” The Defendant received money from the Defendant’s DoC account (E) in the name of his/her wife and received money from the victim who agreed to do so, and that the Defendant received a request from C to pay the business fund related to the sales and purchase of used cars.

Around November 21, 2014, the Defendant was expected to use the business funds related to the trading of used cars to the victim for personal purposes, such as living expenses, even if he/she was found to have been requested by C to pay the business funds related to the trading of used cars to the victim, and he/she was transferred KRW 10 million from the victim to the agricultural bank account in the above D name, and KRW 6.5 million from December 1, 2014 to the victim, respectively.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 16.5 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B in the suspect examination protocol of each prosecution against the accused;

1. Statement by the prosecution against C;

1. Each police statement concerning B;

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

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act has run considerable time from the date of the instant crime.