A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person engaged in agriculture. On September 2013, the victim C's house located in Thai-si B, the victim's house in Thai-si, Thai-si, Da, E, F, G, H, I, and other land equivalent to approximately 10,000 square meters cultivated by the victim.

B. When entering into a contract for cultivating a ship and supplying a ship with the ship, the ship shall be supplied to the above corporation with the price and KRW 100 million shall be paid by October 4, 2013.

"......"

However, in fact, the Defendant had a debt equivalent to approximately KRW 140,000 at the time, to deliver to the J-based corporation with an intention to use it individually after receiving the advance payment, and thus, the Defendant did not have any intention or ability to pay the amount to the victim even if he delivers the drilling.

Nevertheless, the Defendant, as such, by deceiving the victim, received approximately KRW 100,000 from the injured party to receive a delivery of the distribution of approximately KRW 100,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on copy of the NongHyup passbook and account details;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act [type determination] general fraud, Type 2 (at least KRW 100,000, below below KRW 500] [the scope of recommending punishment] [the scope of recommending punishment] the circumstances under 10 months to 2 months (the scope of mitigated punishment], and other conditions of sentencing, including the defendant's age, sex, criminal conduct, environment, motive, means, method, and consequence of the instant crime, such as the circumstances before and after the instant crime, etc., shall be determined as ordered by taking into account the following factors:

It is more favorable that the amount of fraud is actually repaid despite the fact that there is a considerable period of time in the investigative agency to believe that the defendant's promise to make a change is not so big.