A defendant shall be punished by imprisonment 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

On November 22, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. in the Suwon District Court’s Eunpyeong Housing Site on October 2, 2013, and the said judgment became final and conclusive on December 11, 2014.

Around September 14, 2013, the Defendant stated that “A victim C will remove the complex dong of the Gandong, but the removal work will be completed from September 28, 2013 to October 14, 2013, and KRW 100 per removed scrap metal will be paid.”

However, in fact, since there was a dispute between D and E with which the Defendant delegated the construction authority to the Defendant in relation to the removal of the Ansan Terminal, the Defendant could not normally proceed with the removal work, and there was no intention or ability to repay the removal work even if he borrowed the money from the victim because he was able to use the money for the repayment of the existing obligation.

Nevertheless, around September 14, 2013, the Defendant, by deceiving the victim as above, received 30 million won in the name of the Nonghyup Bank (Account Number F) in the name of the Defendant from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Financial transaction statement;

1. Records of judgment: Criminal records, inquiry reports, criminal defendant's statement, application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. On October 28, 2009, the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant has a record of being sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Cheongju District Court on October 28, 2009, which is disadvantageous to the defendant, such as the fact that the defendant recognized the facts charged in this case and reflects his mistake, and that the victim and the victim are.