A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

【Criminal Power】 On June 12, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for fraud at the Incheon District Court’s Branch Branch, and the above judgment was finalized on June 20, 2015. On September 1, 2015, the Seoul Northern District Court sentenced four months of imprisonment with prison labor and two years of suspended execution for the same crime, and became final and conclusive on September 9, 2015.

【Criminal Facts】 The Defendant is the actual operator of Company B.

On September 19, 2014, the Defendant stated that “D” factories located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, would sell four 15,400,000 won of the list of 15,40,000 won to the victim E.

However, on September 16, 2014, the Defendant entered into a contract with F to accept the above D factory price of KRW 60 million, including the above list, but failed to pay the down payment. The remainder payment was delayed until September 20, 2014, which was the payment date of the remainder, but there was no plan to raise any funds. As such, even if the Defendant did not notify the victim of such fact, even if he received the payment from the victim, even if he did not have any intent or ability to sell the above list, the Defendant did not intend to sell the above list.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 15.4 million from the victim on September 23, 2014 as the price for the above head of the bank account in the name of the national bank bank account in the name of the corporation B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a sales contract of an electronic tax invoice or removed building;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (not more than 99 pages, not more than 119 pages);

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