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

In October 2016, the Defendant made a false statement to the effect that “The Victim B intends to operate a siren business. It is possible to collect money for a siren business, and it is possible to prepare a certain degree of business funds, so it is possible to invest KRW 10,000,000 with the second vehicle purchase cost. In the absence of money, the Defendant would receive an investment and pay all principal and interest.”

However, the defendant was thought to use money from the victim for living expenses, personal debt repayment, Internet gambling, game items purchase expenses, etc., and even if he received money from the victim as investment money, he did not have the intention or ability to carry out siren projects.

On October 12, 2016, the Defendant, by deceiving the victim as above, transferred KRW 10 million to E account in the name of the Defendant from the victim via E (Account Number:F) on or around October 12, 2016, and received transfer of KRW 2990,000 from October 19, 2016 to E account on or around October 21, 2016.

Accordingly, the defendant was given a total of KRW 15.99 million to the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Complaints - Borrowing certificates, and application of the Acts and subordinate statutes concerning transaction details in suspect title E bank;

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. The reason for sentencing of Article 25(3)3 and Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (where the scope of liability for damages is not clear) [the scope of recommending type 1 (less than KRW 100 million) in the mitigation area (one month to one year) in the general fraud [the special mitigation person], or where the degree of deception is weak [the decision of sentence] in favor of the case where the degree of deception is weak, the error is divided and reflected.

The degree of deception is relatively weak.