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 September 18, 2012, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Southern District Court on September 18, 2012, and the said judgment became final and conclusive on September 26, 2012.

The Defendant, who operates the 2nd floor in Gwangju City, was a person operating the Da Co., Ltd. (hereinafter “C”), on March 3, 2011, and the Defendant concluded a contract with Syria Construction Co., Ltd. on October 28, 201 with respect to the entire apartment construction work on the Don-si and 1 parcel of land executed by the Defendant, and thus, the Defendant did not have the intent and ability to subcontract civil engineering works to the victim E and did not have any property owned. Thus, even if the Defendant did not borrow money from the victim, he did not have the intent or ability to return the money, the Defendant acquired the money from the victim, stating that “The company whose representative is within the city, would perform the apartment construction work, pay KRW 50 million within the 3th month of the month when he subcontracted the civil engineering work, and that she shall receive KRW 50 million from the victim to the NA deposit account on April 4, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Each police suspect interrogation protocol against the accused (including E in the second protocol);

1. Statement to E by the police;

1. A copy of the bankbook, a memorandum of performance, and a contract agreement;

1. Complaint;

1. Previous convictions in judgment: Application of investigation reports (reports on previous convictions and attachment of judgments);

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

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

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Act does not specify the amount of money obtained by the accused from the victim, considering the fact that the accused is committed by committing the crime and the victim does not want the punishment of the accused, it is the same as the order.