A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 18, 2017, the Defendant concluded that “The Defendant sent KRW 20 million to the victim M, who was to enter into a new billiard in the name of the four names in Incheon-gu Changdong, Seocheon-gu.”

However, in fact, the defendant thought that he would use the money that he had received from the victim for the repayment of his obligation with the amount of several hundred million won, and there was no intention or ability to enter into a contract of the party.

The Defendant, by deceiving the victim as above, received 20 million won from the E bank account of the Defendant from the victim to the E bank account of the Defendant for the same day as the contract deposit.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police of the accused;

1. Each police statement to M and J;

1. Application of details of transactions and Acts and subordinate statutes governing account transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendations according to the sentencing guidelines (decision of type) of general fraud [decision of the recommended area] the basic area of types 1 (less than KRW 100,00) [decision of the recommended area] [the scope of recommendations] imprisonment for six months to one year and six months [the general person] - The mitigated element: The serious reflectivity - the increased factor: The motive of offense, the use of personal trust relationship;

2. Whether to suspend execution [main reasons for the suspension of execution] - negative: Unagreement - Where the scale of substantial damage is considerably small, or where considerable damage is recovered (where the amount of damage that has not been finally recovered is less than 50 million won) - negative: There is no motive for committing a crime, no effort to recover damage - positive: There is no criminal conviction or greater for the suspension of execution.

3. The criminal defendant's crime of sentencing is that he/she deceivings the victim as if he/she entered into a contract for the execution money, and the defendant appears to have used the money acquired through deception as a performance of his/her obligation for gambling, etc., and the circumstances after the crime are good.