The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 10, 2015, the Defendant told the victim B to “it is newly building a pentle in Youngduk C. The necessary steel bars will be paid if the payment for the completed portion is 2 to 3 months after the delivery of the necessary steel bars.”

However, in fact, the defendant was the actual owner of the above construction, but there was no fund to proceed with the construction, and there was no intention or ability to pay the price even if he did not have any particular property or income and is supplied with the removal from the victim.

On August 18, 2015, the Defendant, by deceiving the victim, provided 28 tons of steel bars equivalent to 17,556,000 won at a market price, and 7,282,000 won at a market price on September 19, 2015 on two occasions, including 11 tons of steel bars equivalent to 17,838,000 won at a market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report (project owner's D telephone conversations, EconstructionF and telephone conversations, and hearing of witness G statements);

1. A written order and statement of transactions;

1. Application of the photographic Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (special-purposes) (type 1) of fraud according to the sentencing guidelines: In cases where a person intentionally commits a deceptive act in an incomplete manner or the degree of deception is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year;

3. Selection of imprisonment in consideration of the following: (a) the method and scale of the crime subject to the determination of the sentence; (b) the amount of damage; and (c) the amount equivalent to the amount of damage equivalent to 19,838,000 won has not been recovered; and (d) the Defendant reflects the mistake; and (e) the Defendant has no record of the same kind of crime and has