A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On November 17, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act in the Daejeon District Court's Branch of the Daejeon District Court for the crime of violation of the Road Traffic Act, and the said judgment became final and conclusive on November 25, 2010 and is currently in the grace period.

On August 15, 2011, the Defendant: “A victim D, who produced and sold aggregate mixtures, was supplied with KRW 975 million from E of a stock company,” and the Defendant mediated the conclusion of a contract between the victim and E of the company with the victim, to receive money from the victim by using the victim, who was not receiving the down payment, even though the victim was requested to receive the surety insurance policy from E, and did not receive the down payment.

On August 18, 2011, the Defendant made a false statement to the victim that “I will call the president of EF Co., Ltd., Myeonk-ju, Co., Ltd. to spread down payment.”

However, in fact, the defendant was thought to use money from the victim for an individual purpose, and upon request from the above F, there was no intention or ability to allow the victim to do construction work without issuing the surety insurance policy.

On August 19, 201, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the corporate bank account in the G name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of police statement concerning H and D;

1. A copy of the contract, copy of deposit certificate without passbook, copy of loan certificate, copy of name card, and copy of the register; and

1. Previous convictions in judgment: Application of the defendant's legal statement, investigation report, and copy of judgment;

1. Article 347(1) of the Criminal Act (Fraud and Selection of Imprisonment) and the defense counsel’s argument regarding criminal facts are the guaranty insurance policy.