A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Suwon District Court for fraud, and on February 1, 2013, and the judgment becomes final and conclusive.

On August 11, 2011, the Defendant made a false statement to the victim C, “A project that implements a construction project that creates a flower complex on the surface of human movement, and will subcontract the construction project that is equivalent to 1.4 billion won of the construction project for the construction of the flower Complex. If the Defendant borrowed the site expenses and the cost of street expenses of KRW 20,000,000,000,000,000,000 won, he/she will obtain permission and repay the land as collateral.”

However, in fact, the above project for the creation and implementation of the flower Complex was not the purchase of the land for the project, and it was difficult to conduct the project normally due to lack of financing capacity, so even if the victim received money from the victim, the defendant did not have the intent or ability to repay the borrowed money with the permission to subcontract the civil works to the victim or with the permission within one month.

The Defendant, on August 11, 201, received 5 million won from the victim on the pretext of the borrowed money, 10 million won on the 22th of the same month on the 25th of the same month, and 20 million won on the 25th of the same month on the 201st of the same month from the victim to the account in the name of the Defendant.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. C’s legal statement;

1. Statement made to D by the police;

1. A document of borrowing money attached to a complaint;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of judgments related to the case) and other Acts and subordinate statutes;

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 Code for concurrent crimes are against his/her own mistake while making a confession of the crime, and consideration of equity between the case where the defendant has been tried along with the first head of the judgment, but the defendant has a record of the same kind of crime and the case where he/she has recovered from damage.