A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On April 2, 2014, the Defendant: (a) was at the construction site of an officetel located in Dong-gu, Gyeong-gu, Gyeong-nam on April 2, 2014, for the victim D with the interest of KRW 30 million on the face of the week due to the lack of personnel expenses for human beings; and (b) the Defendant paid KRW 30 million to the victim D.

7. A false statement was made to the effect that he/she will complete payment for up to two months.

However, the Defendant paid approximately KRW 7,500-4,000 per month for 1.5 million for each month on the grounds that the Defendant received KRW 3,000 to 4,000 for tel construction. On the other hand, there was no intention or ability to pay KRW 7,500-9,500 for each month on the personnel expenses and materials expenses. At the same time, the Defendant had been liable for KRW 32,00,000 for the labor expenses of KRW 100 million due to other construction sites and for financial institutions. Thus, even if the Defendant received money from the injured party, the Defendant did not have any intent or ability to pay the said money until July 2,

After all, the Defendant, as seen above, received the money of KRW 30 million from the victim, on April 2, 2014, from the victim, to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol concerning the examination of the accused by the prosecution (including the part concerning the examination of the injured party);

1. A complaint, a statement of transaction, and a statement of payment;

1. The application of each investigation report (the process related to provisional seizure) [the defendant and his defense counsel asserted to the effect that the defendant had the ability to repay, but the provisional seizure of claims against G stock company as debt holder at the time had not been verified, and the existence of claims is not verified, such as the termination of provisional seizure of claims against G stock company as debt holder, the above argument cannot be accepted] law

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general fraud (less than KRW 100 million) is the basic area (from June to January 1) [the person who has no special sentencing factors].