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

Punishment of the crime

On May 7, 2014, the Defendant was sentenced to one year of imprisonment for a crime such as fraud at the District Court, and completed the execution of the said sentence on August 11, 2014.

On February 24, 2016, the Defendant would allow the victim P to perform the construction works of Kimpo-si Q and R ground storage in the Jeju-si, Kimpo-si with the construction cost of KRW 100 million, including construction design and permission costs.

The construction work will be completed by April 30, 2016, when the price of the material is paid by requesting a design of KRW 10 million on the face of a down payment with permission.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had no intention or ability to complete warehouse construction with permission from the competent authority, for the following reasons: (a) the Defendant received the above warehouse construction deposit, down payment, and material purchase payment from the injured party and intended to use them for other construction sites or personal purposes, and for other personal purposes; and (b) there was no need to prepare the design cost or material purchase cost of the above warehouse used for other purposes due to the lack of particular profits.

On February 24, 2016, the Defendant received KRW 10 million from the injured party as the down payment, and received KRW 51 million from around that time to May 17, 2016 in total eight times from around that time as shown in the list of crimes in the attached Table of crimes, such as the transfer of KRW 10 million from the injured party as the down payment or the purchase price of materials.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police on P;

1. A construction contract, content certificate, and performance note;

1. Stockholm letters;

1. Investigation report ( telephone conversations between complainants);

1. Investigation report (Inquiry by a witness S phone);

1. A report on investigation;

1. Investigation report (Attachment of details of banking transactions that are submitted by an complainant);

1. Previous convictions in judgment: Inquiries about criminal history, investigation reports (Attachment of a sentence of judgment), and application of statutes to inquire about the status of personal confinement;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (a comprehensive provision).