A defendant shall be punished by imprisonment with prison labor for up to 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 May 29, 2014, the Defendant was sentenced to three years of imprisonment with prison labor at the District Court for fraud, etc., and has been sentenced to the same year.

8.28 The above judgment became final and conclusive.

Around June 25, 2012, the Defendant displayed the construction contract form written in the name of (State) D to the victim C in the Gangnam-gu Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Special Metropolitan City”) around June 25, 2012, and falsely concluded that “The removal of (State) D and Seoul Rite was ordered, and KRW 30 million was ordered to contract the said removal work on the face of the State.”

However, the fact was that (State) E had not been awarded a contract for the above removal work from (State) D, and the contract for the construction work that was presented to the victim was forged by an infinite method around that time. Thus, even if the victim received KRW 30 million from the victim, the defendant did not have any intention or ability to contract the above removal work to the victim.

On June 27, 2012, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the bank account in the name of the Defendant under the name of the Defendant as the down payment, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. C and F's complaint, replys to D companies G;

1. Each construction contract, each construction subcontract agreement, and each deposit without passbook;

1. Investigation report (to hear the opposite telephone statement from D representative)-recording;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiry reports, copies of written judgments, and current status of confinement of individuals;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the grounds for the following sentencing] is [the scope of recommending sentence] general fraud (less than KRW 100,000) and there is no basic area (6 months to 100,000) [the person who has been specially punished] [the decision of sentencing] 6 months of imprisonment with prison labor, and the attitude taken by the investigative agency for 2 years of suspended sentence in the 6-month period, etc. However, it is still deemed that there is no pre-determination.