[Criminal history] On December 16, 201, the Defendant was sentenced to a suspended sentence of two years for fraud in the Incheon District Court Branch Branch of the Incheon District Court for six months, and the judgment became final and conclusive on the 24th of the same month.

[Criminal facts] On March 9, 2010, the Defendant rendered the Director General of G of the former NIS to the victim F of the E Building 502 at Ansan-si around March 9, 2010.

It is said that it is necessary to implement the work because the land price is financed from the financial institution and the construction work is considered.

However, the defendant did not know about the Director General of the NIS, there was no intention or ability to lend the land price, or inquire about the trial work, and even if he received the money from the injured party, he was considered to use it as the cost of living.

Defendant deceiving the victim as above and received five million won in cash from the victim around that time, and around that time, the Defendant received or transferred the total sum of 25 million won as shown in the List of Crimes from around April 8, 2010, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Copy of bankbooks and details of transactions;

1. Previous convictions: Inquiry into criminal history, report on investigation (report on attachment of latter concurrent judgments), and application of statutes governing judgment;

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

1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That the judgment on the assertion by the defendant and his/her defense counsel under Article 39(1)

1. The summary of the argument is that the defendant has received money from the injured party, but it is not the fact that he has taken money from the injured party under the pretext of expenses.

2. Determination

A. The following circumstances are acknowledged according to the evidence.

(1) A victim has made a specific and consistent statement from an investigative agency to this court, and the credibility of his/her statement is recognized.

(2) The work for the victim after the defendant received money from the injured party shall be modern construction.