A defendant shall be punished by imprisonment for six 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 August 2008, the Defendant made a false statement to the victim B, “The Defendant may make a big profit if he/she makes an investment in the mobile phone case business. He/she purchases a mobile phone case. He/she may get a profit by leaving the mobile phone case from the exporting company and selling it to the exporting company.”

However, in fact, the defendant invested in the above mobile phone case business, but failed and the debt therefrom reached about KRW 120 million, and since 2008, the mobile phone was almost not sold and the export company to purchase the mobile phone case was not secured, and there was no ability to make profits through the mobile phone case business.

Accordingly, from November 1, 2008 to May 27, 2009, the victim received a total of KRW 54,503,750 from the victim as investment money.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Protocol of the police statement concerning B;

1. A specification of transactions in our banks;

1. A detailed statement of passbook transactions;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a detailed statement of passbook transactions);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1));

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Application of the sentencing criteria;

(a) Type of crime: If the amount of profit resulting from a fraud among fraud or general fraud is less than 100 million won (type 1);

(b) A special person who has been sentenced to punishment: A person who has no penalty or aggravated factor as a mitigation factor;

(c) Field of recommendation and scope of sentence: Reduction field, imprisonment for not less than one month, but not more than one year;

D. The crime of this case in which the sentence of sentence is to be pronounced refers to the case where the defendant referred to the investment in the mobile phone case business and deceives the victim to acquire 54,503,750 won from the victim, and the crime is not good.