A defendant shall be punished by imprisonment for not less than eight 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

On June 11, 2015, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for quasi-rape at Busan High Court, and the judgment became final and conclusive on June 19, 2015.

On February 2, 2013, the Defendant received money from the victim C, who believed to be 30 million won as a fact, by stating that “If the land owner was entrusted with the work of removing the model house in Busan Shipping Team, he would complete the removal after one month if the land owner was lent KRW 30 million of the insufficient cost of removal, he would accept KRW 45 million.”

However, in fact, the defendant's words were false that there was no fact that the defendant's land owner ordered the removal of the model house to the Busan Shipping Authority or did not specifically perform the removal work, and there was no intention or ability to pay KRW 45 million after one month as agreed by the victim.

Accordingly, the defendant was given property by deceiving the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, recovery from damage, and arrangement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;