A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On April 30, 2009, the Defendant made a phone call to the victim C at an influent place, stating, “The Defendant: (a) made an investment in the capital capital and punished a large amount of money; (b) made an investment in the capital capital and left behind a large amount of money.”

However, even if the defendant received investment money from the victim, he thought that he would use it as a repayment of the debt of KRW 60 million against D, and he did not have an intention or ability to distribute profits to the victim by investing it in capital.

As such, the Defendant, by deceiving the victim, received 5 million won from the victim to the bank account (Account Number:F) in the name of the Defendant E on the same day from the victim.

2. On August 7, 2009, the Defendant made a false statement that “A contract deposit is insufficient to purchase a gas station. If the Defendant borrowed KRW 10 million, he/she will return the money along with his/her benefit.”

However, even if the defendant receives the money from the victim, he thought that he would use the money of KRW 20 million for G as the repayment of the obligation of KRW 20 million for G, and there was no intention or ability to use it as the down payment of the oil station or to pay the benefit therefrom.

As such, the Defendant, by deceiving the victim, received a remittance of KRW 10 million from the victim to the account in the above E name on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of the relevant Acts and subordinate statutes (No. 16 of the evidence list);

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of type] The fraud group, the general fraud (less than KRW 100 million) (the scope of recommending punishment] (the scope of recommending punishment). From June to June (the basic area).