A defendant shall be punished by imprisonment for six 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 January 10, 2012, the Defendant made a false statement to the effect that “The Defendant would supply 20,000,000 won to the victim in advance, in a stable way, from the Chungcheong budget, to the end of the operation of the Victim C, even if the Defendant received the face-to-face payment from the victim, and did not have the intent or ability to supply the face-to-face payment to the victim.”

The Defendant, by deceiving the victim as such, received KRW 20,000,000 from the victim through the Agricultural Cooperative Account in the name of the Defendant’s wife, under the name of advance payment on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing the details of transactions, F transaction statement, investigation report (person for reference D telephone conversations), investigation report (person for reference G telephone conversations), investigation report (person for reference C telephone conversations), respectively, and cash storage certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) The criteria for the type of punishment and sentence [decision of type] fraud, general fraud, or type 1 (less than KRW 100 million) (the scope of recommending punishment] that there is no person who is a special person] [the scope of recommending punishment] basic area; imprisonment with labor for not less than six months but not more than one year and six months;

(b) Criteria for the suspension of execution [major reasons for the suspension of execution] negative reasons: Unagreement, positive reasons: Where the scale of substantial damage is relatively small (where the scale of actual damage is less than 50 million won) (general reasons for the suspension of execution): A previous conviction on not less than two occasions and positive reasons: a serious reflect;

2. The victim does not recover the damage even if he/she inflicts property damage with a sentence of KRW 20 million.