A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around August 2011, the Defendant made a false statement to the victim C, “The Defendant, through the site director, changed the amount of KRW 10 million from the sealine funds so that he/she can operate a brinate restaurant at the construction site of the Incheon D District E at the site of the site office.”

However, the defendant was not well aware of the decision-making authority for the operation of the public restaurant, such as the head of the site office at the Incheon D District E site. Even if he received money from the above victim, he was thought to be used as living expenses, etc., so that he did not have the intent or ability to allow the victim to operate the public restaurant as above.

As above, the Defendant, by deceiving the victim and deceiving the victim from August 26, 201 to November 14, 201, acquired a total of KRW 10 million from the victim’s account four times from August 26, 201 to November 14, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of a copy of a bankbook to the complainant;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The crime of this case is committed by defraudation of money from the victim in 2011 to the year 2019, and there is a record of two times of punishment for the same crime: Provided, That the defendant recognizes the crime of this case, taking into account all the various circumstances, including the amount of damage, the amount of damage, the age, character and conduct, career, motive of the crime, and circumstances after the crime, etc., which are the sentencing conditions specified in the arguments of this case, shall be determined by the order.