A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. The Defendant, on July 23, 2015, received KRW 4.2 million from the victim on the same day on the following grounds: (a) although there was no fact that the Defendant had operated a static point, the Defendant phone called the victim C to the effect that “I will use only 2 to 30,000 won as the money to be used at the static point is insufficient; (b) 4.2 million won was borrowed; and (c) was issued by the victim.”

2. On July 27, 2015, the Defendant: (a) made a false statement to the victim C to the effect that “The Defendant would purchase a car by phone to the victim C without any intent to buy the car; (b) made a false statement to the victim C to the effect that “The Victim C would buy the car; (c) the need to purchase money to change the amount of KRW 4 million; and (d) it received KRW 4 million from the victim.”

3. On August 1, 2015, the Defendant was issued KRW 5 million from the victim by phone call to the victim C, stating that “If the Defendant was in preparation for opening to the opposite party, and the Defendant was in preparation for opening to the opposite party, and if the Plaintiff borrowed KRW 5 million as the money is short, it would be repaid in full.” The Defendant was issued KRW 5 million from the victim.

4. On August 14, 2015, the Defendant: (a) phone called the victim C while the Defendant did not operate static points; (b) received KRW 6.3 million in total from the victim, including KRW 6.3 million on the same day and KRW 3.27 million on the 16.7 million around the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommendations in the sentencing criteria] are the basic area (from June to one year and six months) (the decision of sentence).