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 became final and conclusive.

Punishment of the crime

[Criminal Power] On November 9, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Chuncheon District Court, and the judgment became final and conclusive on November 17, 2017.

【Criminal Facts】

From October 2016, the Defendant, along with the victim B, C, D, E, and F, entered into a partnership agreement to carry out the work of transporting and reclaiming soil and sand generated from the new construction site of the G apartment in Chuncheon City and the new construction site of the H apartment in Chuncheon City, and to deposit the money received into the accounts of the Agricultural Cooperative in the name of C, and to distribute the remaining profits through the settlement procedure.

On February 28, 2017, the Defendant, while receiving KRW 5 million from I for the victims from the landowner I who wants to perform the reclamation work at a place in Switzerland and below, he voluntarily consumeded the amount for personal purposes around that time. From December 21, 2016 to May 24, 2017, the Defendant used the total amount of KRW 31,495,000 for personal purposes for the victims, such as the list of crimes in the attached Table, and embezzled it for personal purposes around that time.

Summary of Evidence

1. Parts of the second protocol of the trial, those of the witness C, and those of the witness B and F in the second protocol of the trial;

1. Each prosecutor's protocol of examination of partial suspect against the defendant (including B's protocol of examination of suspect as of September 20, 2018)

1. The prosecutor's statement concerning the F;

1. Investigation reports (Attachment of details of transactions in the account of J community credit cooperatives);

1. A detailed statement of deposit transactions, the details of the defendant's account transactions at J post offices, and the details of the defendant's account transactions;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel;