A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

1. On May 18, 2007, the Defendant was sentenced to a suspended sentence of two years for one year, to be punished by imprisonment for a crime of fraud at the Jung-gu District Court Goyang Branch of the Seoul Central District Court. On April 22, 2010, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for a crime of fraud on April 30, 2010 and the judgment became final and conclusive on April 30, 2010. On May 7, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Western District Court for a period of eight months.

2. On December 4, 2008, the Defendant, at the Dsan Branch Office of Yongsan-gu Seoul Metropolitan Government (C202) around December 4, 2008, issued a victim E and F with the business right to dispose of the scrap iron and scrap iron generated in the process of removing the base of the United States Armed Forces (B) to remove the scrap iron and scrap iron in the order of December 2008, and if not, return it by adding bank interest to KRW 300 million.

“A false representation was made.”

However, the Defendant did not have the right to conduct the disposal of scrap metal and scrap metal arising in the process of removing the military base, and thus did not have the intent or ability to take the scrap metal and scrap metal arising in the process of removing the military base to the victims, and even if it was not possible to take them out, there was no intention to return the amount received from the victims.

The defendant received 300 million won as a check from the victims.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. Each police statement protocol with respect to E and G;

1. Each investigation report (including accompanying documents);

1. Inquiries about criminal history and application of Acts and subordinate statutes verifying minor convictions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the agreement with the victim is reached, the crime of this case becomes final and conclusive, and the crime of this case is one of the concurrent crimes after Article 37 of the Criminal Code.