A defendant shall be punished by imprisonment for six 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

[criminal power] On November 28, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Jeonju District Court on November 28, 201, and the judgment became final and conclusive on December 6, 2012.

【Criminal Facts】

The defendant is a person who is engaged in construction business in the trade name of the Bank of Korea.

Around November 25, 2008, the Defendant stated that “A victim E who operates dump trucks, etc. at the office of the Jeonsan-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Office) shall engage in the business of collecting earth and rocks at 9, Seogri-ri, Seogri-ri, U.S., and the construction will begin on March 2009.” If the Defendant borrowed KRW 30 million to be used in the above construction, he/she shall complete payment after six months.”

However, since the Defendant did not take administrative procedures, etc. for collecting earth and rocks on the above forest land, which was owned by the State at the time, the possibility of collecting earth and rocks on the above forest land was not determined at all, and the Defendant did not have any intent or ability to repay the money borrowed from the victim because he was in excess of his obligation such as bad credit standing at the time.

Around November 25, 2008, the Defendant, by deceiving the victim as above, received 5 million won from the victim to the account in the name of F used by himself/herself, 5 million won to the account in the name of G on the 27th of the same month, and 20 million won to the account in the above G name on December 2 of the same year, and acquired 30 million won to the account in the above G name.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a) and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (including the fact that a deposit of 15 million won is made for a victim, etc.);