A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 17, 2018, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Daejeon District Court on January 31, 2019 and the judgment became final and conclusive on January 31, 2019.

On April 7, 2017, the Defendant entered into a contract with the victim C on April 7, 2017, as the head of the B branch office, on the completion of the construction work for the Ecella D, the Co., Ltd. completed the total construction cost of KRW 269,50,000.

Around April 10, 2017, the Defendant made a false statement to the victim at the second floor office of the Daejeon Seosung-gu F building B, Daejeon, stating that “The above contract will interfere with the construction if the retaining wall and the food block civil works are missing.” In addition, the Defendant would interfere with the construction of the above KRW 54 million.

However, even if the defendant receives the construction cost from the victim, he did not have the intention or ability to use it for the Internet gambling fund.

As such, the Defendant, by deceiving the victim, received from the victim the total amount of KRW 58 million from April 13, 2017 to the H Association account (I) in the name of G for the said construction cost, KRW 7 million on the 25th of the same month, KRW 4 million on July 18, 2017 to the J Association account in the name of the Defendant (K), KRW 18 million on August 8, 2017, and KRW 54 million on September 15, 2017, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement of the police concerning L;

1. The complaint book, the first sign of the GH association, the M, the business registration certificate copy (G), the copy of the passbook, the copy of the bankbook, etc., the copy of the document verifying the contents of the contract, the copy of the document, the certificate of delivery of plant block materials, the written agreement copy, the statement of payment, the details of each payment, and each investigation report; and

1. Previous convictions: The previous convictions and confirmation reports and the application of Acts and subordinate statutes of the Daejeon District Court; and

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes are as follows.