A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 18, 2016, the Defendant made a false statement to the victim C, stating, “The construction of a single house will be completed by the end of December, and the contract deposit will be changed to KRW 100 million.”

However, at the time of fact, the defendant only intended to consume the down payment with personal debt repayment, etc. and did not have the intention or ability to carry out the construction work.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim to the D account under the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (E telephone conversations, counter-investigationive telephone conversations between a client and a victim, review of the contents of the recording, recording, hearing of statements by a witness, and confirmation of the place of consumption of damaged money);

1. Recording notes, factual confirmations, and trade statements by account;

1. A construction contract, a detailed statement of transactions, and a written certification;

1. Application of Acts and subordinate statutes to photograph the progress of works;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of general fraud (the amount of 10 million won or more, the amount of 50 million won or more) (the determination of the recommended area] basic area (the scope of the recommended area] [the scope of the recommended area] 1 year to 4 years [the general person] reduction factors: The serious reflective area;

2. Whether or not the suspension of execution (main reasons for the suspension of execution) - negative: Unagreement (general reasons for the suspension of execution) - positive: There is no serious reflect, or there is no criminal record of a suspended execution or

3. The criminal defendant's crime of sentencing is that the victim deceivings the victim as a down payment as if he/she constructed a single house.

The amount of damage constitutes a large amount of damage, and the defendant concluded a construction contract by stealing the name of the construction company without holding a construction license, as well as the most of the money received as a down payment for the personal purpose, such as repayment of the previous construction payment.