A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 2014, the Defendant stated that “The Victim G is aware of the person who resides in China, and through this person, would be able to be supplied with heavy tobacco from Chinese I. It would change the deposit amount of KRW 90,000,000,000,000. If it is not sexually, the money will be returned.”

However, the defendant did not have the intention or ability to supply Chinese tobacco to the victim, and there was no intention or ability to return KRW 90 million, and the said money was planned to be used for the personal purpose of the defendant.

On August 4, 2014, the Defendant received from the victim the deposit of KRW 90 million from the bank account (K) in the name of the J, which is the Defendant’s child, and acquired it by fraud.

Summary of Evidence

1. Witness G and L respective legal statements;

1. Partial statement of the witness M in court;

1. The police statement concerning G;

1. The details of the account transactions in the J-title, the account transactions in the one bank account in the name of one bank, and the account transactions in theO;

1. The accusation statement, the notarial deed, and the bank transfer result inquiry [the above evidence shows that the defendant provided the victim with heavy tobacco through the "H" in China, and the victim is capable of stably supplying heavy tobacco such as the contract for the supply of heavy tobacco needed for the duty-free shop occupants. The defendant was transferred from the victim the amount of KRW 90 million as a deposit for the supply of heavy tobacco, but the amount was transferred to the victim, but all of the money was used for the personal purpose without any relation (the defendant used part of the money received from the victim for other purpose, and the remaining part of the money received from the victim and the cash that the defendant had already been in existence.