A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

On December 23, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on May 23, 2017.

From October 2015, the Defendant: (a) around February 26, 2016, entered into an agreement with the victim G to receive KRW 15 million as a security deposit, and (b) to receive KRW 60-8 million per month as a security deposit; and (c) to have the victim operate the heading house for one year.

On March 24, 2016, the Defendant called the victim at the irregular area of Gwangju (hereinafter referred to as "Seoul") and called the victim for "hump electric power."

In order to pay money, the Court stated that it will be paid by proxy.

However, even if the defendant received money from the injured party, he was scheduled to use it for personal purposes, such as repayment of debt, and he did not have any intention or ability to pay electricity.

The Defendant, as above, received KRW 14,528,559 in total from the injured party over 11 times, such as the list of crimes in attached Form 1, until June 23, 2016, from the injured party, to receive KRW 478,819 from the Agricultural Cooperative account in the name of the Defendant on the same day from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A contract for occupancy commission;

1. Details of remittance;

1. Details of transactions with AFF Account;

1. Previous convictions in judgment: Inquiry about criminal history, reporting of investigation (verification of the same kind of force), and application of the statutes 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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the victim is not punished due to an agreement with the victim, the amount of damage