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

Punishment of the crime

On January 18, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on January 26, 2017.

On March 27, 2013, the Defendant entrusted the victims C with the remodeling and extension work of the sports center located in the Seongbuk-gu Seoul Metropolitan Government B Sports Center building.

The cost of removing the scrap metal and the scrap metal generated while removing the interior of the building changed to KRW 100 million. It stated that if the removal work is not commenced by May 15, 2013, it would be paid KRW 50 million under the name of KRW 200 million and interest.

However, the above sports center was owned by D Co., Ltd. and entered into a provisional contract for the purchase of buildings by D Co., Ltd. around February 21, 2013, and there was no fact that it entered into this contract thereafter. The Defendant did not have any intent or ability to reduce scrap metal and non-performance as above to the victim because it did not have been awarded a contract for removal works by D Co., Ltd., an incorporated association E, etc.

Nevertheless, on March 27, 2013, the Defendant, by deceiving the victim, was delivered KRW 100 million to the post office account under the name of the Defendant on the pretext of the cost of removing the building from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement of the police suspect interrogation protocol against the defendant

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against C;

1. A name box (A, G), a standard subcontract agreement, a summary of a contract, and a copy of a passbook;

1. A criminal investigation report (data to remit the amount of damage to a complainant);

1. Previous convictions: Inquiry into criminal history, judgment by the Incheon District Court Branch, investigation report (Attachment to the judgment, etc. of separate fraud cases), confirmation and reporting on the date of final and conclusive judgment, and application of Acts and subordinate statutes;

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, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Sentencing criteria: Ex post facto;