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

Punishment of the crime

On January 14, 2012, the Defendant showed the standard contract form to the victim D at the office located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan, and stated that “A subcontract for the civil works equivalent to approximately KRW 200 million is made and KRW 5 million is lent in return for the subcontract.”

However, in fact, the Defendant did not intend or have the ability to repay the contract even if he subcontracted the civil works to the victim or borrowed money, by stating that the Defendant would provide the project owner with no intent or ability to provide funds, and written a contract signed with the official seal of the project owner, and presented the written contract to the victim and made such false statement.

The Defendant received a total of KRW 38,200,000,000 from the victim to April 10, 2012, including the Defendant received KRW 5 million from the victim as the borrowed money on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a construction work contract, such as a detailed statement of transaction, a separate loan certificate, each contract, a provisional contract, a construction contract, an order, and an order;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of recommendation types based on the sentencing criteria and basic areas of types 1 of general fraud (less than KRW 100 million): Imprisonment with labor for not less than six months from June to June;

2. Previous departments (not less than five years of suspended execution), and unpaid agreements: Not selecting a suspended execution;

3. 8 months of imprisonment with prison labor for the determination of sentence: A favorable consideration shall be given to the fact that the victim recognized the crime, but the victim did not recover damage and complained of severe punishment, and the victim had been punished several times due to the same kind of crime in the past, so it is difficult to choose a suspended sentence.

The age, character and conduct, health conditions, home environment, and crime of the defendant.