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

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 21, 2011, the Defendant was sentenced to a suspended sentence of two years for fraud at the Ulsan District Court, which was sentenced to a suspended sentence of one year, for fraud, on the 29th of the same month.

On July 5, 2009, the Defendant made the victim C and vessel parts-related factories in China to operate a club in a mutually in a cafeteria not exceeding Ulsansan. The Defendant told the victim to the effect that “The necessary machine-related mission should be purchased at the Chinese factory. It is necessary to purchase the flaz, and the down payment is needed.”

However, in fact, the defendant had no specific assets except apartment and apartment-type factories with no property value, due to large-sum secured debt, and the defendant did not have the intent or ability to carry on a business by purchasing machinery even if he received money from the victim.

Nevertheless, the defendant deceivings the victim as such and acquired 40 million won from the victim on July 6, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. C’s statement;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence in Article 62(1) of the Criminal Act, in which the defendant d or d, took out a talk about the purchase of a true mission with the victim, and the victim remitted the above money to the defendant. This is the money of the victim's investment in the same business that the defendant together with D, which is used for another purpose, not for the original purpose mentioned by the defendant, and the amount of the investment was used for the other purpose, and the defendant promised to pay the above money to the victim, but did not pay the remainder.