A defendant shall be punished by imprisonment for one year.

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

On December 20, 2018, the Defendant made a false statement to the effect that “The amount of profits would be 5 billion won when the Defendant brought goods from Russia to sell them to the whole country at the D's real estate office in the operation of the Victim C in Ansan-si, Andong-si.” The Defendant made a false statement to the effect that “The amount of money would be repaid in one month, if the money is leased to lend KRW 100 million, because the amount would be less than 100 million.”

However, at the time, the Defendant did not actually proceed with the business related to the importation of scam and thought to use the money borrowed from the victim to repay the money, and there was no intention or ability to repay the money within the month when there was no particular income.

Ultimately, the Defendant, by deceiving the victim as above, received 100 million won from the victim to the F Association account (Account Number: G) in the name of the mother of the Defendant, the mother of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. Statement to C by the police;

1. Certificates of remittance of bankbooks without passbooks, or cash custody certificates;

1. Responses to requests for cooperation in investigation, investigation reports (influences), investigation reports (I statement representing H legal entity);

1. Investigation report (the import control of the Food and Drug Administration Busan and the statement of employees), investigation report (the attachment of all personal records as a whole) and import records;

1. Details of investigation reports (Submission of details of deposits and transactions of suspects), and account transactions;

1. Investigation reports (report on the binding status of entry into and departure from the ship) and the status of entry into and departure from ships;

1. Application of Acts and subordinate statutes governing CDs storing the details of investigation reports (report on the filing of records on imported food searching), and the details of imported food searching;

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

1. According to the evidence of the judgment on the assertion that there was no intention to commit the crime of defraudation under Article 62(1) of the Criminal Act, the Defendant did not operate the straw-related vessel after August 9, 2018 and did not import it.