A defendant shall be punished by imprisonment for six months.

except that 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 December 20, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for fraud in the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on December 28, 2012.

On October 27, 2010, at around 19:00, the Defendant made a false statement to the victim C to the effect that “this apartment is the main owner of this apartment, and it is the apartment with no problem to enter into a lease contract at KRW 29.5 million.”

However, the defendant paid only the down payment of KRW 2 million to D, who is the owner of the above apartment, and was not the actual owner, and was granted the right to lease the above apartment from D when he received the deposit for lease from D, but did not think that it would be paid to D even if he received the deposit for lease from the victim, and was thought to be used for personal purposes.

As above, the Defendant, by deceiving the victim as above, received 3 million won in total as the down payment for the rental deposit on October 28, 2010 from the victim, and received 29.5 million won in total as the remainder of the rental deposit on November 1, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Previous convictions: Application of criminal records and investigation reports (reports attached to suspect rulings) and statutes;

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

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

1. Although the defendant was unable to agree with the victim on the reason of sentencing under Article 62(1) of the Criminal Act, he deposited some of the money for the victim by reflecting the crime, there is no other criminal records other than the previous conviction in the judgment, and the punishment is determined as ordered in consideration of equity in the case of judgment at the same time as the previous conviction in the judgment.