A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

[Criminal record] On April 18, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of eight months due to fraud, etc. in the Changwon District Court Msan Branch branch on April 18, 2012 and the judgment became final and conclusive on April 26, 2012.

[Criminal facts] The Defendant: (a) around September 2010, at the victim C’s residence located in the Changwon-si, Changwon-si; and (b) at the Eup/Myeon located in the Changwon-si, Changwon-si; and (c) it is necessary for the victim to set up a child care center at KRW 20 million.

A false statement was made to the effect that the participation in the future will be made in the guidance to begin and the repayment will be made as such.

However, in fact, the Defendant was thought to use money as gambling funds or living expenses from the injured party. Since the Defendant was in a situation where the Defendant was able to repay debts without any particular property at the time, the Defendant paid the money in good faith and received the money from the injured party and did not have the intent or ability to repay the said money to the injured party.

On September 7, 2010, the Defendant deceptioned the victim as above, and acquired the money from the victim to the Agricultural Cooperative Account in the name of the Defendant D, which was the Defendant’s child, through the remittance of KRW 19.8 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Complaints;

1. Details of account transactions, details of account transactions, details of account transactions, results of inquiries into credit information;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous and confirmation of the suspect), investigation report (the confirmation date of the judgment of suspension of execution) and statutes;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. Taking into account the following circumstances: (a) the Defendant is led to the grounds for sentencing under Article 62(1) of the Criminal Act; (b) the victim C of the instant crime submitted a letter of revocation of complaint to the effect that the Defendant is not subject to punishment against the Defendant; and (c) the crime of this case and the crime of fraud, which became final and conclusive, should take into account