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 becomes final and conclusive.

Punishment of the crime

around 12:00 on September 27, 2018, the Defendant made a false statement to the effect that “A victim C (59 years of age) in the residence of the victim C (a person who actually operates the KIND. A person who has extensive experience in the mechanical equipment side. As the Defendant had a lot of experience in the mechanical equipment side, 34 million won will be manufactured and installed as one for the long-term parcel for livestock feed, one for the Belgium, and two for the Belgium.”

However, the fact that the defendant had already closed the business in the middle of 2018, and the defendant had no capacity or intention to manufacture and install the facilities even if he has received the price from the victim because the physical facilities, technology, etc. to manufacture the machinery alone are not available.

The Defendant received KRW 17 million from the victim in the name of the Agricultural Cooperatives Co., Ltd. Co., Ltd. in the same day as the down payment. On October 18, 2018, the Defendant continued to receive KRW 17 million from the victim, and received KRW 10.2 million from the victim to the above account on the same day on the same day. On October 18, 2018, the Defendant made a false statement to the effect that “in order to release small packages and Belgium, the money would have been sent within three days.”

In this respect, the defendant deceivings the victim and obtained 27.2 million won by defrauding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Taking into account the following circumstances: (a) while the period of the stay of execution of the same kind of crime as the reason for sentencing under Article 62-2 of the Probation Criminal Act is the same as that of the instant crime (the period of the stay of execution as of the date of the sentence); (b) while making a confession and reflect in depth; and (c) the victim does not want the punishment of the Defendant