A defendant shall be punished by imprisonment for not more than ten 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

around February 2012, 2012, the Defendant sought to take over a siren company operated by B, and the victim C attempted to purchase one motor vehicle from the Defendant through D.

Around February 2012, the Defendant attempted to take over the said siren company, but did not have any intent or ability to hand over the sirens even if he was unable to receive the purchase price from the victim, he/she received the purchase price of the said sirens from the victim by means of D, stating that “The Defendant would purchase 13.6 million won in the name of the company within a month of advance payment, and deliver it to the victim after purchasing 13.6 million won in the name of the company within a month of advance payment.” On February 22, 2012, the Defendant deceivings the victim, and he/she received 13.6 million won in the name of the vehicle purchase price from the Defendant’s account under the name of E community credit cooperatives living together with the Defendant as the vehicle purchase price.

On August 5, 2013, the Defendant: (a) around 00:49 around 00:0, the blood alcohol concentration of 0.082% was drunk, and driven a car by starting the car to the front road of the cafeteria "Token" 1622-2, Sinsi-dong 1622-2, Sinung-si, Sinpo-si, Sinpo-si, the Defendant was under the influence of alcohol at around 1623-5.

Summary of Evidence

"2013 Highest 852"

1. Defendant's legal statement;

1. Statement to C by the police;

1. The accusation "2013 Highest 2815";

1. Defendant's legal statement;

1. The circumstantial statement, statement, and drinking output of a drinking driver;

1. Application of statutes concerning criminal records;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant commits each of the crimes in this case, the scale of damage, and the fact that the defendant has a previous record of a fine for driving under influence once);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;