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

around August 2012, the Defendant concluded that “A factory operated by the victim D in Namyang-si, Namyang-si,” “Around approximately 47 million won needs to be replaced by a incineration, and 15 million won is to be repaired as the repair cost.”

However, in fact, since the victim was intended to sell the retirement way by scrap metal, there was no intention or ability to accept the retirement even if the victim received the repair cost together with the retirement.

As such, the Defendant, by deceiving the victim, received 12 million won or more at the market price from the victim, and had the victim deliver 3 million won or more at the time of incineration on October 29, 2012 to F as repair expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D, G, and F statements among the interrogation records of the accused prepared by the prosecutor;

1. Application of Acts and subordinate statutes on entry and departure transactions;

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

1. Sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: Fraud, type 1 (less than 100 million won), imprisonment with labor in basic areas, six months to six months, and one year and six months, and six months, the Defendant, by deceiving the victim to retire, sold on the property on the day he/she received repair fees from the victim; the victim paid 38 million won and re-manufactured and used the incineration; the Defendant could have predicted such damage; the damage was not recovered; the Defendant did not recover from the victim; the Defendant has no criminal power over the fine; and other conditions of sentencing, such as the Defendant’s age, character and conduct, family relationship, criminal records, the circumstances of this case, and the progress of this case, should be considered.