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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

Around June 2, 2015, the Defendant, even if he borrowed money at Yangcheon-gu Seoul Metropolitan Government, was thought to use it as a gold at the private gambling site, and the Defendant’s false statement that “The Defendant was demanded to loan KRW 10 million to raise the deposit amount of KRW 20 million E to KRW 30 million” to the victim’s account in the name of the Defendant, and the Defendant was transferred KRW 10 million from the victim to the F Bank account (G) account in the name of the Defendant at the same place around June 19, 2015, and continued to operate the Fund with the I agent at the same place on the same day and around June 19, 2015, the Defendant received KRW 22 million from the victim.”

Accordingly, the defendant, by deceiving the victim, received a total of 32 million won from the remittance, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of financial transaction statements and accusation statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general fraud [type 1] and the basic area of less than KRW 100 million (the scope of recommended fields and recommendations], six months to one year and six months.

3. The sentence shall be determined as ordered by comprehensively taking into account the following factors: the amount of damage (the partial amount of damage appears to have been recovered), the relationship between the defendant and the victim, the defendant's attitude to recognize and reflect the crime of this case, including the age and criminal behavior environment of the defendant, the motive and means of the crime, the circumstances after the crime, etc., and all the sentencing conditions and the scope of recommended sentences as shown in the sentencing guidelines.