A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant, around January 2014, at the “F office operated by the victim E, located in Seoul Mapo-gu Seoul Mapo-gu Seoul building No. 3217, planned a business of importing PE films, which are the raw materials of ray films, from G in advance to sell them to domestic hosting film manufacturers. In order to carry out this business, the Defendant should transfer advance payment KRW 100 million to H, the Korean general seller of G.

If payment of KRW 100 million is made, the payment will be made in advance to H and the project will proceed.

A false statement was made that it would result in profits within one year, that would give priority to the payment of KRW 100 million with business earnings, and that would distribute 60% of the remainder of the profits.

However, there was no prior agreement between the Defendant and H on advance payment, and the Defendant planned to use the money received from the injured party individually, so there was no intention to use the money for advance payment even if he received KRW 100 million from the injured party.

As above, the Defendant, by deceiving the victim and deceiving the victim on February 27, 2014, received KRW 100,000 from the victim to the I account, which is the Defendant’s seat, and acquired by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, E, and H;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A criminal investigation report (Submission of a statement verifying the details of accounts used at the time of the suspect and the details of use);

1. Application of Acts and subordinate statutes, such as verification of requests for remittance of others;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommendation] General Fraud / [the scope of recommendation] No person (10 million won or more, or less, and less than 500 million won) in the basic area (1 to 4 years) / [the person who is subject to special sentencing] (a sentence decision] below the following circumstances, taking into account the defendant’s age, sex behavior, environment, after committing the crime, circumstances, etc., the sentence is set off as ordered by the sentencing criteria. The defendant is sentenced to a punishment as ordered by the order after being sentenced to the victim at the time of the instant case.