A defendant shall be punished by imprisonment 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.

Punishment of the crime

On December 11, 2013, the Defendant was sentenced to six months of imprisonment for fraud in the Sungwon District Court's Sungnam branch, and the said judgment became final and conclusive on May 9, 2014.

In September 2010, the Defendant stated to the effect that “A victim D, who is going to perform a charnel construction, is the person who is going to perform a charnel construction.” The completion of the construction of a charnel construction at the entrance of the entrance and the interior of a charnel is complete. After the completion of the construction, it would be large profits if a charnel sale is well-being, and there would be no charnel house in this place, and it would be a good selling in lots.” The Defendant said that “I would pay money three months after the completion of the sale in lots.”

However, there was no fact that the Defendant had been running the said charnel construction, and there was no right to divide the said construction and there was no intention or ability to reduce the principal and profit by doing the construction even if the Defendant received money from the victim.

Around October 14, 2010, the Defendant, by deceiving the victims, received KRW 15 million from the victims of the Agricultural Cooperative Account (F) in the name of E and acquired it by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Account transactions (ten pages of investigation records);

1. Each investigation report (16 pages, 48 pages, 105 pages, 107 pages, 185 pages);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written 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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (the crime in this case is one of the concurrent crimes with the judgment in which the judgment becomes final and conclusive, taking into account the equity between the judgment and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, the withdrawal of the complaint by the victim, and the defendant's mistake is divided and in depth, etc.).