A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 3, 2016, the Defendant, at the victim D’s residence located in 104 Dong-dong, Nam-gu, Seocheon-gu, Seoul apartment complex C, 1802, he/she would receive the payment from the Defendant for the construction project that is in progress with red interest from the lending of money to the victim.

“The meaning of “.......”

However, the Defendant had no special property at that time and had been in arrears with a tax amount equivalent to KRW 0,000,000, and had to pay materials and personnel expenses in the construction site in progress from another person, and had no intention or ability to change the amount within the due date, even if the Defendant borrowed money from the damaged person due to reasons such as lending the materials and personnel expenses in the construction site.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 16 million to the account in the name of the Nong Bank in the name of the Defendant, the sum of KRW 46 million from June 3, 2016, and KRW 30 million around October 4, 2016, to the account in the name of the Defendant E, the title of which was the Defendant, for the purpose of borrowing from the victim; and (c) received KRW 46 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Fact certification;

1. Details of transactions of deposits and withdrawals;

1. Application of the photographic Acts and subordinate statutes by cutting down a text message;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general fraud, Type 1 (less than KRW 100,000) (based on the aggregate of gains) [the scope of the recommended punishment] None of the persons subject to special sentencing [the person subject to special sentencing] [the scope of the recommended punishment] basic area, between six months and one year and six months;

2. The amount of damage caused by the instant crime, the sentence of which is determined, is substantial;

Even though a considerable time has elapsed after the crime of this case, the damage was not fully recovered.

The defendant has been punished several times.