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

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Southern District Court on January 24, 2014, and was released on December 24, 2014 in the Seoul Southern District Court on parole on December 13, 2015 and the parole period expired on March 13, 2015.

The Defendant would give the victim D with a hump in which it is impossible to know the trade name located in Geumcheon-gu Seoul Metropolitan Government around October 3, 2015, “In the event that the Gyeonggi Gambling Co., Ltd., from October 14, 2015 to November 10, 2015, he/she would incur approximately KRW 26 million to the victim.

First of all, the 18 million won of down payment is changed, and the contract for interior works was concluded with the victim by making a false statement.

However, even if the defendant receives the construction cost from the injured party, he/she has used it as office personnel expenses, vehicle expenses, etc. for office operation funds, and there was no intention or ability to normally carry out construction work within a given period, such as the failure to carry out the interior work differently from the terms of the contract.

On October 5, 2015, the Defendant, by deceiving the victim as such, received the amount of KRW 18 million from the national bank account under the name of the Defendant to the national bank account under the name of the Defendant for the purpose of the construction cost from the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A letter of performance and a receipt;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes / [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes / [the scope of recommendations] is that the mitigation area (one month to one year) [the special mitigated person] of the mitigation area (one month to one year], or where the degree of deception is weak (the decision of sentencing], and that the defendant has a record of the same criminal act, and that the damage has not been recovered is disadvantageous circumstances.

In addition, the punishment shall be determined as ordered in consideration of the amount of damage and all kinds of sentencing conditions.