A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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

[criminal power] On September 9, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud in this court, and the judgment on December 19, 2015 became final and conclusive.

【Criminal Facts】

On January 1, 2014, the Defendant stated that “The victim C, operating in the Nam-gu Incheon Metropolitan City, would supply the scrap scrap discharged from the Co., Ltd. E, a corporation with a 100 million won as an advance to B, which is a representative of friendship in the face of the week and has worked in the inside of the city,” to the above victim.

However, in fact, the Defendant had the idea of using the said advance payment from the beginning with no right to supply the said scrap for personal debt repayment, etc., and even if receiving the advance payment, there was no intention or ability to supply the scrap.

Ultimately, the Defendant, by deceiving the victim as such, received a transfer of KRW 50 million from the victim to the F Nonghyup Bank account (G) in the name of the Defendant’s child on March 3, 2014, as the advance payment, and received KRW 50 million from the victim to the said account on April 14, 2014, and acquired a total of KRW 100 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (review reports on final judgments)-related Acts and subordinate statutes;

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

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

1. In full view of all the circumstances, including the fact that the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, led to the confession of the crime of this case, the defendant agreed with the victim after the prosecution of this case, the victim does not want the punishment of this case, and the fact that equity with the sentence to be sentenced should be considered in the event that the defendant was tried at the same time as the crime of fraud in the judgment of this case.