A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 19, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Western Branch of the Daegu District Court on October 19, 201, and the said judgment became final and conclusive on October 25, 201.

The Defendant, while purchasing the original body from another person, intended to acquire the original body by fraud by using the fact that it is difficult to punish the original body if some of the original body is paid by the Defendant.

On August 2010, the Defendant purchased a group of KRW 160 million from the victim D at the office of the victim D located in Seo-gu, Daegu, Daegu, and paid KRW 80 million out of a group of money, and issued two copies of promissory notes with face value of KRW 40 million to the remainder of KRW 80 million, and made a false statement that payment will be made by the payment date on November 20 and 30, 2010 as indicated respectively.

However, in fact, the Defendant did not have the intent or ability to pay the remainder of 80 million won from the beginning, and two copies of the above Promissory Notes issued by the Defendant were not normal bills.

The Defendant did not pay any balance of KRW 80 million after receiving a reduction of KRW 160 million from the victim around August 16, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made in D among prosecutor's offices and police interrogation records of the accused;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification of attachment of the same kind of case and confirmation of the date of release from the court), application of three copies of written judgments;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., that there is a confession and reflector and that there is a smooth agreement with the victim)

1. Social service order under Article 62-2 of the Criminal Act;