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 became final and conclusive.

Punishment of the crime

1. On March 12, 2014, the Defendant made a false statement to the effect that “The Defendant completed the contract for soil and sand transport items in relation to the construction of the F golf course to G in relation to the construction of the F golf course. If the Defendant borrowed KRW 20 million, he/she would repay to G by the end of March and have it work as a warden at the construction site.”

In fact, however, there was no intention or ability to repay the borrowed money as the contract for the soil and sand transport building was not completed at the time, and the amount of national tax unpaid is equivalent to KRW 80 million, and the borrowed money is equivalent to KRW 50 million.

Nevertheless, the Defendant deceivings the victim as above and received KRW 20 million from the victim’s bank account in H on the same day.

2. On March 2014, the Defendant made a false statement to the effect that “F golf course construction funds are required. In addition, if the Defendant borrowed 25 million won to the victim, it would be repaid by the end of April.” The Defendant received 25 million won from the victim to the said account on the 25th day of the same month.

Accordingly, the defendant acquired a total of 45 million won by remittance through two times.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] general fraud (less than KRW 100 million) where the mitigation area (one month to one year) (special mitigation) or considerable damage is recovered [the decision of sentencing], but the amount of damage caused by the instant crime is not significant. However, the execution of the sentence is suspended considering the fact that the Defendant agreed with the victim smoothly, and that there was no criminal conviction exceeding the fine.