The punishment of the accused shall be determined by three months of imprisonment.

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

Punishment of the crime

On February 12, 2016, the Defendant told the victim D, who is an operator of the construction company, to “a food plant scheduled to be newly built in Hongsung-gun E, to request money necessary for resolution of civil petitions.”

However, the defendant only tried to prepare living expenses at the time and did not have the intent or ability to conclude a new construction contract for the above food plant.

As above, Defendant 1 made a false statement to the victim and caused the damage to the victim, the amount of KRW 10 million on February 17, 2016, and the same year

2. 23.2 million won, and the same year.

2. 26.3 million won, and the same year.

4. On 23.2 million won, a total of KRW 17 million was received and acquired through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Inquiry of transaction details;

1. Application of Acts and subordinate statutes to a report on investigation (for reference C/F telephone investigation);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Types of Determination] The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / General Fraud / [person subject to special sentencing under KRW 100 million] - The elements for mitigation of punishment / [the scope of recommendation in the sphere of mitigation] / [the scope of recommendation] one month to one year [the scope of mitigation] / 1 year [the amount of general sentencing : serious reflectivity, effort to recover damage / the amount of aggravation / the amount of aggravation : Criminal records (the main reason for suspended execution less than 10 years after the completion of execution) of punishment for the same kind, embezzlement, or breach of trust (the reason for suspended execution) which do not constitute repeated crimes - Where the amount of actual damage is considerably small: The amount of punishment unscheduled [the reason for suspended execution] - If there is a same kind of criminal conviction or more than twice. - The positive social relation is clear, serious reflect, partial recovery of damage, and efforts to recover damage.