[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] On December 13, 2013, the Defendant was sentenced to a suspended sentence of four months of imprisonment for a crime of fraud at the Daejeon District Court's official branch on December 13, 2013 and the judgment became final and conclusive on December 21, 2013.

【Criminal Facts】

Around April 3, 2012, the Defendant made a false statement to the victim D, who operates “C” in C at the debate-si B, stating that “When the Defendant was awarded a contract for the E electrical construction ordered by the public viewing, he would receive the payment from the public viewing, so he would supply the said materials on credit.”

However, the Defendant, at the time, was liable to F for approximately KRW 150 million with respect to F, for approximately KRW 28 million with respect to gold companies, for about KRW 17 million with respect to G, for about KRW 17 million with respect to H, and for exceeding the obligation to pay wages in arrears by demanding the payment of wages in arrears from the employees employed by the Defendant. Since the Defendant’s claim for the payment in arrears against the Defendant’s official city was seized to F on May 31, 2012, the Defendant did not have any intent or ability to pay the said amount even if he received the said materials from the victim.

As such, the Defendant, by deceiving the victim, received electric materials equivalent to KRW 1,149,950 on the same day from the victim, and acquired electric materials equivalent to KRW 19,884,50 from around that time to July 20, 2012 as indicated in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Application of each Act or subordinate statute of the specifications of transactions, descriptions, certificates of fact, and investigation reports (public viewing and viewing I statements);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. It is not so much that the fraud amount of the reason for the sentencing in the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Procedure Act reaches KRW 20 million.