A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant operated the “D” company and engaged in the construction business.

On December 2, 2010, the Defendant, at the office of the Defendant located in Yangju-si, at the Seocho-si, sold a factory to the Victim F (V, 51 years of age), after 3-5 months.

In order to establish a factory, it is necessary to use money for the lack of construction funds for five months on the face of the week, to provide five copies per month for interest, and to provide 30% of the profits from the sale of the factory.

“A false representation was made.”

However, the fact was intended to use money for the repayment of gambling and gambling debts even when receiving investment from the injured party, and there was no intention to use it as factory construction costs, and at the time the accused did not construct a factory.

Nevertheless, the Defendant made a false statement as above and received the total sum of KRW 80 million, including KRW 30 million on December 6, 2010, and KRW 50 million on December 7, 2010, from the injured party, to the bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the examination of the accused by the prosecution (including the F and G statement);

1. Details of each account transaction;

1. A copy of the process deed [In full view of the defendant's statement at the prosecutor's office that he/she received 80 million won as a substitute for each of the above evidence and the circumstances in which he/she received money from the investigation agency of G, and received 80 million won as a substitute for this court to this court, and that he/she used all of the money for gambling expenses, it is sufficiently recognized that the defendant deceivings the victim as stated in the crime in the judgment of the court]

Application of Statutes

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 Criminal Code of the Social Service Order [the scope of recommending punishment] General Frauds Type 1 (less than KRW 100,000) (the imprisonment between one month and one year) (the special mitigation person).