A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Southern District Court on November 18, 2014, and the judgment became final and conclusive on November 26, 2014. On August 12, 2015, Seoul Eastern District Court sentenced two years of a suspended sentence of imprisonment for four months for fraud, and became final and conclusive on August 20, 2015.

【Criminal facts” on November 29, 2012, the Defendant loaned KRW 10 million to the victim E in the D Construction Site located on the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government Building C, Yeongdeungpo-gu, and the victim E in the month.

“.....”

However, in order to raise the construction cost of the above private letter, the defendant entered into a contract with various service providers in the private letter and received a total of KRW 360 million as a security deposit, and used it for the construction cost of the above private letter, but he did not have any intent or ability to repay it within the time limit, even if he borrowed money from the injured party, such as the shortage of construction cost and failure to perform the construction work.

Nevertheless, on November 29, 2012, the Defendant received 9.4 million won from the injured party to the new bank account under the name of the Defendant, such as remittance of KRW 9.4 million from the date on which he/she received from the injured party on or around November 29, 2012, to January 31, 2013, in total, three times as shown in the list of crimes in the attached Table, and received KRW 29.1 million from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Court rulings (10 pages of investigation records), details of bank transactions (69 pages of investigation records), copies of pocketbooks (340 pages of investigation records);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (in the face of 192 investigation records);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: