A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On August 6, 2014, the Defendant: (a) entered into a notarized office located in Bupyeong-dong, Kimhae-si, and (b) entered into a contract with the victim C (55 years) for the construction of a factory in the inside Kimhae-si; (c) entered into a contract with the site of the construction in 140 million won; and (d) approved the establishment of a factory by the Gu office.

In the case of a factory, 1,430,000 won is expected to be sold in lots, and 50,000,000 won is loaned to the construction site floor, and 8,00,000 won may be reduced after two to three months.

However, in fact, the defendant did not enter into a contract for the purchase of a site for a factory, did not commence the construction of a factory, did not have a plan to sell the price of 14.3 billion won, and even if the defendant borrowed money from the damaged party due to bad credit standing, such as personal debt, there was no intention or ability to pay 80 million won after two to three months.

Accordingly, the Defendant, by deceiving the victim as such, obtained a total of 50 million won in fake checks from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act (including the following sentencing taking into account favorable circumstances) is not written, and that there are many criminal convictions for the defendant, which are disadvantageous to others.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant agreed with the victim.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Fraud: Fraudulent Crime Group, General Fraud, Type 1 (less than KRW 100 million), etc.