A defendant shall be punished by imprisonment for six months.

except that 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

On April 26, 2013, the Defendant recommended the victim D (nive, 58 years of age) to join the number system to the effect that “The Defendant had the number system of KRW 30 million in the domestic household, KRW 1 million in the monthly deposit system, KRW 30 million in the 30-year unit (hereinafter “instant number system”), and KRW 30 in the 401 unit (hereinafter “instant number system”) at the residence of the Defendant, Dongjak-gu Seoul Metropolitan Government, 401.”

However, even though the Defendant had to pay 8 million won per month by opening a four accounts in the instant number system, the Defendant used the head of Maspbook without any particular revenue. At that time, there was a circumstance that the Defendant bears the obligation equivalent to 23 million won, such as the amount of the said head of Maspbook’s debt up to the limit (15 million won), and thus, it was thought that the Defendant received the priority payment from the instant number system to use it for his daily living expenses or the repayment of the obligation, etc., and thus, even if the Defendant received the payment from the victim, he did not have the intent or ability to pay the amount normally to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim for the purpose of guiding the same day, and acquired KRW 32 million in total on 19 occasions as indicated in the separate crime list from the date and time to July 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a complainant's bank statement);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that there is no basic area (6 months to 100 million won) (6 months to 1 year and 6 months) of the basic area (the special person] [the decision of sentencing] [the decision of sentencing] is an unfavorable circumstance that no damage has been paid to the victim.

The defendant has no criminal records since he/she has old age, and the defendant's mistake.