A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[Criminal Records] On March 30, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment for a violation of Road Traffic Act at the Gwangju District Court.

On December 23, 2020, the Gwangju District Court sentenced 10 months of imprisonment for fraud and 2 years of suspended execution on December 31, 2020, and became final and conclusive on December 31, 2020.

[Criminal facts] The Defendant is well aware of the victim C’s relationship with Gwangju D in the victim’s residence located in the Namyang-gun, Namyang-gun around March 7, 2016.

At the request of the person, I would like to find employment of the children as the staff of the D subcontractor, and later would be employed as the staff of Gwangju D regularly, which would change the amount of KRW 70 million.

However, even if the defendant received money from the injured party, he was thought to use the defendant's personal debt repayment etc., he was employed by the injured party as a staff member of D collaborative company, or there was no intention or ability to employ the injured party as a staff member of D regular.

The defendant deceivings the victim as above and obtained cash amounting to KRW 70 million from the damaged party and acquired it by deceit.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made with respect to C, E, and F;

1. Details of account transactions with a certificate of cash custody;

1. Previous convictions: Application of two separate Acts and subordinate statutes to inquiries, such as a written reply to inquiries, a criminal investigation report (prior convictions before and after death), judgment, and inquiry into the case;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: A favorable circumstance in which the defendant deceivings the victim to have his/her child employed a large enterprise, thereby deceiving him/her to acquire a large amount: The fact that all of the crimes are recognized, that the defendant fully pays the money obtained by the victim and agrees to do so smoothly, and that the judgment has been tried simultaneously with the crime for which the judgment became final and conclusive.