A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 2016, the Defendant was sentenced to imprisonment with prison labor for two years and six months in the Daegu District Court Port Branch on September 21, 2016 and the judgment became final and conclusive on January 21, 2017.

The defendant is a person who was a public official in arms contract in South-gu Office C at the port of port.

On April 27, 2015, the Defendant called the victim D at “Yan-gu Office of Mapo-gu, Nam-gu, Mapo-si,” located in 790, as the Defendant wishesed to do so, and “The Defendant has the money to be reduced to others.” On the other hand, the Defendant would have repaid the money to others up to March 30, 2015, 300,000 won.

“A false representation was made.”

However, the Defendant had a debt of KRW 80 million to E, etc. without any particular property at the time. Since the monthly wage that the Defendant received was used to repay the above debt, the Defendant did not have an intention or ability to repay the debt within three days even if he borrowed money from the damaged party.

The defendant deceivings the victim as above and transferred 30 million won to the Agricultural Cooperative Account (F) in the name of the defendant's creditor under the name of the defendant for the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Taking into account the fact that an agreement is reached on the repayment of damages and the equality, etc.