A defendant shall be punished by imprisonment for one year.

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 September 5, 2013, the Defendant, at the Seoul Central District Court, was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Central District Court, and the said judgment became final and conclusive on September 13, 2013.

On June 9, 2010, the Defendant discussed the victim E to the effect that “The victim E’s recreation facility with a value equivalent to KRW 12 billion is to be purchased at KRW 8 billion and the structural modification is being performed in the state of paying KRW 3 billion as the intermediate payment, etc., but the construction business operator is unable to work properly, so that the construction business operator will terminate the contract with the construction business operator and pay the construction to the party.”

However, the defendant did not have any authority related to the construction work because he did not pay 3 billion won as down payment on the side of D, and there was no ability to terminate the contract with the existing construction business operator and execute the construction work for the victim in the future.

As such, the Defendant, by deceiving the victim, received KRW 50 million from the victim’s name to the bank account in the name of the Defendant, and received KRW 50 million from the same account around the 13th day of the same month, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. A complaint;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is a large amount of KRW 100 million. In light of the circumstances and method of the crime, denying the intent of the crime by deception, and allowing the victim to attend the court without any reflective behavior, and thereafter, the victim was absent on the date of sentence after escape.

However, the right to collateral security shall be fully paid to the victim after the defendant was detained.