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

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

Punishment of the crime

[criminal records] The indictment contains omission of the statement of criminal records. However, according to the records, it is recognized that the judgment of having sentenced to imprisonment without prison labor or a heavier punishment was finalized on July 13, 2018, and even if this is recognized as criminal records by the defendant, it does not cause any impediment to the defendant’s exercise of his/her right to defense. Thus, the above criminal records are acknowledged as concurrent criminal records under the latter part of Article 37

On July 5, 2018, the Defendant was sentenced to six months of imprisonment and one year of suspended execution due to the violation of the Labor Standards Act in the Gwangju District Court's branch office, and the judgment became final and conclusive on July 13, 2018.

【Criminal Facts】

At around 15:00 on March 12, 2018, the Defendant made a false statement to the effect that “A” the victim B operates a shipbuilding company on the trade name of Yado-Eup, Yado-nam, with “C”, and the Defendant would build a vessel at a level of KRW 1,00,000,000 from other shipbuilding stations to a level of KRW 2,000,000. In order to build a vessel, the Defendant would transfer money to a down payment and an intermediate payment.”

However, at the time of fact, the Defendant had no intention or ability to build the vessel because it was considered that the Defendant had failed to properly operate the Defendant’s vessel building company due to the lack of financial burden of KRW 400 million, and even if the Defendant received money from the victim, it was considered that it was used as living expenses or payment of existing debts.

Nevertheless, on March 12, 2018, the Defendant: (a) by deceiving the victim as above; (b) received 3 million won in the name of contract deposit from an enterprise bank account (D) in the name of the Defendant from the victim; and (c) received from around May 4, 2018 the sum of 23 million won in the name of contract deposit and intermediate payment as shown in the attached crime list from around May 4, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. The investigation report (to hear statements of the complainant);