A defendant shall be punished by imprisonment with prison labor for four 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

1. On October 19, 2018, the criminal defendant against the victim B made a false statement to the victim B, who was working at the “D Hospital” located in Seo-gu Incheon, Seo-gu, Incheon, stating, “I wish to receive wages, I need to file an application for payment order and seizure of corporeal movables. To seize corporeal movables, I need to have a deposit amount of KRW 10,000,000.”

However, even if the above money is paid as deposit money, the defendant did not have the intention or ability to use it as deposit money.

Nevertheless, the Defendant received KRW 6,500,000 from the victim on October 19, 2018, and KRW 4,986,000 on October 30, 2018 from the victim to the E account in the name of the Defendant, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 22, 2018, the criminal defendant against the victim F made a false statement to the victim F who had not been paid wages at the place as stated in the above paragraph (1), and as a doctor of a D Hospital, that “I would be entitled to wages, an application for a payment order should be made and a seizure of corporeal movables should be made. To seize corporeal movables, 7,596,000 won is required.”

However, even if the above money is paid as deposit money, the defendant did not have the intention or ability to use it as deposit money.

Nevertheless, the Defendant was transferred KRW 7,596,000 from the victim to the E account in the name of the Defendant, on October 23, 2018.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each bank transaction statement and copy;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The types of recommendations according to the sentencing criteria;