A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

[Criminal Power] On February 11, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act at the early branch of the Chuncheon District Court on February 11, 2015 and the said judgment became final and conclusive on February 24, 2015.

【Criminal Facts】

around August 10, 2014, the Defendant stated that “The Defendant would make remodeling, such as the internal repairs of a single-story house in the Dasung-gun F of the Gangwon-gun, if he pays KRW 30 million to B, the Defendant would do so within two months.”

However, in fact, the Defendant intended to pay most of the construction cost received from the victims to the Defendant’s existing material cost liability, etc., and only planned to purchase materials on credit in bad credit conditions without any particular property or profit at the time to complete construction works for the victims. Therefore, even if the construction cost is paid from the victims, the Defendant did not have the intent or ability to complete the remodeling of the said house until the date of the promise.

Around August 16, 2014, the Defendant received KRW 5 million in the name of the Defendant’s agricultural bank account in the name of G (H) from the victim; KRW 5 million in the name of the said account on August 24, 2014; KRW 10 million in the same name as the account on September 17, 2014; and KRW 20 million in the aggregate from each remittance under the same name as the account on September 17, 2014.

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

Summary of Evidence

1. Defendant's legal statement;

1. A complaint (including attached documents);

1. An interrogation protocol of the accused by the prosecution (including I substitute part);

1. Details of passbook transactions used by A;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of details of receipts);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Circumstances favorable to the point that no agreement is reached with the victim: