A defendant shall be punished by imprisonment for four 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

The Defendant, with Nonindicted Party B and C (one name D) known to the general public, conspired to acquire the prepaid money as if the Defendant and B were to work as an employee.

Accordingly, at around October 2012, C approaches the victim G, who operates the “F” in Sam-si, to introduce I to the victim G, who calls and interviews H and I in the original state. On November 19, 2012, C had the Defendant and B find it as the above F.

The Defendant, together with B and the victim, stated to the effect that “I will work as an employee. I will first request the advance payment,” and C stated to the effect that “I would am in the original state. I will introduce four persons in total.”

However, in fact, the defendant did not think of the above F as an employee, and was thought to escape immediately when he received a prepaid payment, so even if he received a prepaid payment from the victim, he did not have the intention or ability to work as an employee according to the terms and conditions of the contract.

Nevertheless, the Defendant, in collusion with B and C, by deceiving the victim as above, and by deceiving the victim, 5.5 million won of the prepaid payment from the victim's share, and 6.3 million won of the prepaid payment from B to the victim's share.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of G;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Imprisonment with prison labor for a sentence of recommending the sentencing criteria: Not more than one year (the area of mitigation in the category of general fraud);

3. Sentence of sentence: One year of suspended sentence for four months of imprisonment: The defendant committed the crime of fraud of the so-called “advance payment” in the same way as this case between December 2010 and January 2013, 6 times in total, and 2 times in fraud of borrowed money. The defendant committed the crime of this case before committing the crime of this case.