A defendant shall be punished by imprisonment for six 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 January 17, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, and on September 24, 2014, the judgment became final and conclusive.

On April 9, 2013, the Defendant: (a) discussed whether the Defendant was released from the business office of the 15-year YYYYYYYYYYYYYYYYYYYYE, the Defendant: (b) agreed to receive KRW 500,000,000 from the Defendant in installments for three years each month; (c) prepared a written statement of payment to the Defendant that the victim would pay KRW 20,000,000 to the Defendant; and (d) immediately thereafter, written a written statement of payment that the Defendant would pay the same amount as the Defendant demanded to correct the content.

In the Daejeon District Court around April 30, 2013, even though the Defendant agreed to receive KRW 20 million from the victim in installments for three years, as seen above, as if the Defendant agreed to receive KRW 40 million from the victim, the Defendant attempted to obtain KRW 40 million from the Daejeon District Court by filing an application for payment order (Seoul District Court 2013 tea 44777) with the victim and submitting two copies of the payment memorandum as evidence. However, the Defendant attempted to obtain KRW 40 million by receiving a favorable judgment from the Daejeon District Court that knew of the fact, but the victim did not file an objection and failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to criminal records, screen pictures of Supreme Court No. 2014Do10208 and copy of Supreme Court rulings No. 2014Do108;

1. Relevant Articles of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

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;

1. An active act of deceiving the court for the crime of fraud, which has no record of criminal punishment other than twice the same kind of suspended sentence (1997, 2014) for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and has no record of criminal punishment other than nine times.