A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 14, 2014, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud in the Incheon District Court Branch Branch of the Incheon District Court, and the above judgment became final and conclusive on July 25, 2014.

On March 4, 2010, the Defendant purchased approximately KRW 6,000 in the family E unit of Pyeongtaek-gun and constructed a new sublet to the victim B at the infinc shop located in Gangnam-gu Seoul Samsungdong.

The total construction cost is 40 billion won, and the Corporation will continue to work in April 2010 at the latest.

In this construction work, approximately KRW 3 billion will be ordered for civil and landscape construction work, and the amount of KRW 20 million will be loaned. The purport of the construction work is that if the construction is not commenced until April 30, 2010, the amount of KRW 40 million will be refunded.

However, at the time of fact, it was unclear whether D could proceed with the construction of the above new loan. Thus, even if the Defendant borrowed KRW 20 million from the injured party, the Defendant did not have the intent or ability to allow the injured party to place an order for civil and landscaping works related to the construction of the above new loan from April 30, 2010, and the Defendant did not have any particular income at the time. Thus, in the event that it is difficult to harm the order by April 30, 2010, the Defendant did not have the intent or ability to return KRW 40,000,000 to the injured party.

Nevertheless, on March 4, 2010, the Defendant: (a) by deceiving the victim; and (b) transferred the sum of KRW 20 million to the G bank account in the name of F, the Defendant’s son around March 4, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on a certificate of borrowing money;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant is expected to be in this regard to the circumstances in which the victim's damage has not been repaid.