A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On November 18, 2014, the Defendant was sentenced to imprisonment with prison labor for four months at the Seoul Southern District Court for fraud, and the judgment became final and conclusive on the 26th of the same month.

【Criminal Facts】

On June 3, 2013, the Defendant stated that “A job placement office operated by D in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant obtained a deposit of KRW 80,000,000,000 from 6th, monthly, and KRW 6,000,000,000 from the 6th, Yongsan-si G is a three-dimensional service site.” The construction is completed on July 20, 2013, and the down payment of KRW 30,000,000 is deposited.”

However, the Defendant had already decided to sublet the skin management room to H, and received a total of KRW 15 million as the down payment. There was no funds to return the down payment to H and I. However, there was no funds to hold only KRW 23 million as the deposit for the rain or building, and the construction was delayed due to the lack of funds owned to the extent that it was impossible to pay the down payment to H and I. Accordingly, there was no intention or ability to provide the services on the date of the promise made by the victim.

The Defendant, by deceiving the victim as above, received 29.1 million won from the victim as the down payment on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, D, J, and K;

1. Partial statement of each police interrogation protocol against the accused;

1. A bath service contract, a detailed statement of remittance, a real estate lease contract, or a written judgment;

1. Previous convictions in judgment: Application of the detailed inquiry of the case and statutes governing the judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Although the sentencing of Article 62-2 of the Social Service Order Act is not the recovery of damage for the reason of sentencing, it appears that the criminal intent of defraudation is relatively weak, and it is equitable with the case where the judgment becomes final and conclusive and the instant crime are concurrently adjudicated.