A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around February 13, 2013, the Defendant made a false statement to the effect that “D” located in Yangcheon-gu Seoul Metropolitan Government, “D,” “The victim E,” and “the victim E is able to buy and sell the vehicle.” If the Defendant borrowed money, the Defendant borrowed the money with a double of the profits after selling it, and the principal would also be repaid.”

However, in fact, the Defendant did not have any intent or ability to pay the profits promised to the victim since he/she thought that he/she would use the remaining profit as an illegal gambling site investment money after returning the money received from the victim, or that he/she received the money from the victim. At the time, the Defendant did not have any intent or ability to pay the principal received from the victim because he/she was in a bad credit condition and did not have any clear profits.

The defendant, from the victim on February 13, 2013, the defendant 10 million won around February 13, 2013, and the same year.

7.2.Around 25,000 won has been remitted.

Accordingly, the defendant deceivings the victim and obtained a total of 35 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each remittance statement;

1. A document certifying the preparation of the F;

1. Application of Acts and subordinate statutes to investigation reports (Submission of monetary transaction data between a suspect and an accuser);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six months to one year and six months from the date of imprisonment on the sentencing guidelines (Fraud crime group, general fraud, type 1 (less than KRW 100 million), and basic area);

2. Determination of sentence: although the defendant has had a record of punishment several times due to the same kind of crime, the defendant has paid interest to the victim for a considerable period of time, the defendant has paid the interest to the victim, the mistake has been divided, the victim has been in consultation with the victim late later, and the defendant has no previous record of punishment in the past.