A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 19, 2018, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Daejeon District Court on July 19, 2018, and the judgment became final and conclusive on July 27, 2018.

On February 10, 2017, the Defendant made an investment of KRW 30 million in D when developing tin acid at the victim’s house located in Jin-si, Jin-si around February 10, 2017.

The money was changed and the false statement was made.

However, fact is that D is not a person engaged in tinsan Development-related business, but the defendant bears the obligation of KRW 30 million from many creditors at the time, so even if he receives money from the damaged creditors, it was thought that he would consume D for personal purposes such as returning the interest or principal payment to other creditors, and there was no intention or ability to return the above KRW 30 million to the victim or pay the interest.

Nevertheless, the defendant deceiving the victim as above and received 30 million won from the victim's account in the name of D, and then received it from the defendant's account in the name of D and acquired a considerable amount of property profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, investigation report (including documents attached to the details of account transactions, etc.);

1. Previous convictions in the judgment: A written reply to inquiries, such as criminal history, and detailed statement of the case ( Daejeon District Court Decision 2018No. 170) and application of the text of the judgment;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Code for the suspended sentence is that the amount and background of the defraudation by the instant crime, the agreement with the victim, and the defendant's bankruptcy seems to be difficult to recover damage in the future, and his mistake is in profoundly against his own mistake, equity in the case of being tried at the same time as the judgment in fraud, and other defendant's age, sexual behavior, health status, etc.