A defendant shall be punished by imprisonment for one year.

However, 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 October 18, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Changwon District Court, and two years of suspended execution, which became final and conclusive on October 26, 2012.

around 2011, the Defendant served as the site director of the D Construction Project, which was executed by the Two Industrial Construction Co., Ltd.

On May 29, 2011, the Defendant made a false statement to the victim C, the representative director of the Fransan Construction Site E, which was subcontracted for water leakage and repair of water supply among the above projects, that “I will immediately pay the funds from the Company if I lend money to the Fund for the Operation of the Office in the Construction Site, because the Fund for the Operation of the Office in the Construction Site is a mother and mother.”

However, even if the Defendant borrowed money from the victim, the Defendant did not use it as the funds for the operation of the site office of two construction companies, but used it as funds for gambling in the river in the boat. At the time, the Defendant had no intention or ability to repay the borrowed money from the victim when the amount of debt exceeds KRW 250 million.

Nevertheless, the Defendant received KRW 15 million from the victim to the new bank account (G) account in the name of the Defendant, KRW 15 million to the said account on June 17, 201, KRW 6 million to the new bank account in the name of the Defendant on June 29, 2011, KRW 24 million to the said new bank account (H) account on July 5, 201, and KRW 12 million to the said new bank (H) account on September 14, 201, respectively.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Each certificate of transfer;

1. Before judgment: Application of the Acts and subordinate statutes to a written inquiry, a statement of inquiry, the absence of disposition, and a report on the result of confirmation (Attachment of judgment);

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 dealing with concurrent crimes;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.