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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive on November 7 of the same year.

The Defendant is a person who operates a man-made company with the trade name of “C”.

On March 7, 2014, around 14:00, the Defendant entered into a contract for the construction of the total construction cost with the victim E in Geumcheon-gu Seoul Metropolitan Government, “50 million won”, and the construction period “from March 8, 2014 to March 23, 2014” on March 23, 2014.

However, the Defendant, from the early May 2013, operated the company in the so-called “fashion” form, such as, due to the aggravation of financial resources due to the aggravation of the business operation due to the aggravation of financial resources. The Defendant had no intent or ability to perform the construction work normally by the deadline of the contract even if the Defendant received the payment of the construction cost after concluding the contract with the victim for the interior construction work, even if the Defendant received the payment of the construction cost from the victim for the said reasons.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million in total from the victim to the F account of community credit cooperatives under the name of the Defendant on the same day, and received KRW 55 million in total from the victim, such as receiving KRW 20 million in the F account of community credit cooperatives under the name of the Defendant, KRW 18.2 million in the same month, and KRW 15 million in the same month.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's office and the police's statement of E;

1. A E-document;

1. A complaint;

1. Investigation report (report accompanied by a written complaint);

1. Details of transactions of deposits and withdrawals by receiving period, details of deposits and transactions, detailed details of expenditure, construction contract, photographs, and copies of photographs;

1. Previous convictions in judgment: A criminal investigation report (Attachment of a written judgment) and judgment;