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

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

Punishment of the crime

[Criminal record] On September 24, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Cheongju District Court for a period of eight months, and the said judgment became final and conclusive on October 2, 2015.

[2] On June 6, 2014, the Defendant, along with his accomplice C, conducted as if C were the site warden of H, a company performing construction works to replace the heating apparatus of G apartment at the time of the south Shinpo-si, the Defendant: (a) was ordered to remove the heating apparatus; (b) sold scrap metal generated in the construction process; and (c) made a false statement to the effect that “The Defendant would sell scrap metal generated in the construction process at the down payment, which would change KRW 60 million to the down payment.”

However, in fact, C was not an employee of H, and there was no right to dispose of the above apartment complex 2's heating machine entrance, and there was no fact that he was ordered to remove the above apartment complex 1, and even if he received the down payment from the injured party, C did not have any intention or ability to sell all scrap metal arising from the process of removing the heating machine of the above apartment complex 1 and 2 as agreed upon by the injured party.

Nevertheless, on June 9, 2014, the Defendant, by deceiving the victim, received 60 million won from the victim, to the new bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the examination of suspect by the prosecution against the accused and C (including the cross-examination);

1. Statement made by the police for E;

1. Previous convictions: inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the date of release and attachment of the same military records);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.