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

Punishment of the crime

【Criminal Power】 On December 18, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 18, 2014, and the judgment became final and conclusive on December 27, 2014.

【Criminal Facts of Crimes】 The Defendant, as a person who operated “D”, which is a producing company by strengthening it in Gangseo-gu Busan, was the victim E at the above business office around September 2013, the Defendant made a false statement to the victim E, stating that “I will newly run the manufacturing business of Hands. I will take charge of the production and business within the high-pollution level.”

However, in fact, the defendant is responsible for the debt equivalent to about 300 million won at the time, and the defendant received money from the victim as material costs and had the intent to use it to repay the above debt, and there was no intention to operate the business with the victim as above.

As above, the Defendant, by deceiving the victim, received 6,00,000 won as material costs from the victim around September 17, 2013, as well as received 6,00,000 won as material costs from the victim, and obtained the total amount of KRW 28,163,90 from October 25, 2013, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement (fourth time);

1. An interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Materials concerning the submission of suspect, such as the accusation, business contract, business registration certificate, copy of passbook, real estate lease contract, account details, D remittance and dispatch articles, photographs of text messages, details of Busan bank account, etc.;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on the fact that a suspect is under suspension of execution), application of court rulings and other statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. Sentencing (Determination of the type of punishment) general fraud, Type 1 (less than KRW 100 million) and mitigation area (special person).