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

Punishment of the crime

[criminal power] On November 27, 2012, the Defendant was sentenced to a suspended sentence of two years for fraud at the Suwon District Court Sejong District Court on August 27, 2012, which became final and conclusive on December 4, 2012, and is currently under suspended sentence.

【Criminal Facts】

On January 14, 2006, the Defendant made a false statement to the victim B that “The head of the family reconstruction association, which is the head of the D main complex, will grant a new construction right to the D main complex.”

However, the defendant was dismissed from the president of the C-Housing Reconstruction Association on December 18, 2005, and the victim did not have the intent or ability to grant the above construction rights.

The Defendant, by deceiving the victim as such, entered into a business agreement with the victim on the same day as that of the victim, and received a letter of promissory note 47.6 million won from the victim as the performance guarantee for the construction work, and transferred one million won to the agricultural bank account in the name of the Defendant on January 16, 2006. On January 18, 2006, the Defendant received one million won from the coffee shop in the name of the Gangnam-gu Seoul Metropolitan Government for the expenses of the cooperative, and received five million won as the design expenses from the agricultural bank account in the name of the Defendant on January 26, 2006. On February 3, 2006, the Defendant received three million won as the expenses of the cooperative account in the name of the Defendant under the name of the agricultural bank account in the name of the Defendant on April 28, 2006, and received five million won as the wages from the construction site in Pyeongtaek-si on April 28, 2006.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 62,60,000,000 in total, including one copy of promissory note with a right of 47,66 million won.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. Details of each transaction and promissory note;

1. Copy of the business agreement;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment of the court of first instance);

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

1. The amount obtained by deceitation of the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act is a large amount and damage caused by the issuance of promissory notes.