However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[Criminal record] On September 18, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Changwon District Court on September 15, 2014, and the said judgment became final and conclusive on October 15, 2014.

[2] On March 2, 2012, the Defendant called the victim D (62 tax) at the mutual infinite office located in Kimhae-si, Kimhae-si, and received the advance payment from the victim D (62) for the purchase price of the steel bars.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed 20 million won from the injured party, he used 10 million won for the purpose of purchasing steel, and the remainder was intended to be used for personal purposes, such as living expenses and repayment of debts. Since he/she was liable to pay 50 million won without any property at the time, he/she did not have any intent or ability to pay money even if he/she borrowed money from the injured party.

Nevertheless, the Defendant received 18 million won from the injured party to the post office account (Account Number: E) in the name of the Defendant on the same day, and received two million won in cash from the trade name in Busan Dong-dong around March 4, 2012.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Statement made by the police against D;

1. A receipt, a copy of a passbook, a note, a promissory note, a criminal investigation report (in addition to data for reply to age credit information), an investigation report (in cases of failure to submit the Ulsan G Studio Construction Contract), a criminal investigation report (in cases of hearing H president and F telephone statements), and a criminal investigation report (H telephone statement);

1. Previous convictions: Inquiry into criminal history, reporting of the previous convictions of the disposition, and reporting of the results thereof, and applying each statute of the judgment;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (the choice of imprisonment) (the defendant explains as if he/she were to use it as the value of steel bars, and borrows money from the injured party, and uses only part of them for the purpose of purchasing steel bars.