A defendant shall be punished by imprisonment for four months.

Punishment of the crime

【The Defendant was sentenced to a two-year suspended sentence on July 26, 2007 to five-month imprisonment by fraud at the Jung-gu District Court. On November 27, 2008, the Defendant was sentenced to six-month imprisonment with prison labor for a violation of the Punishment of Tax Offenses in Gyeyang-gu District Court’s Goyang-gu Branch on January 9, 2009, and the suspended sentence became null and void on September 25, 2009. On September 25, 2009, the Defendant completed the execution of the above sentence at the Jung-gu District Court’s prison on April 23, 2015, and was sentenced to six-month imprisonment with prison labor at the Seoul Western District Court for fraud, and the judgment became final and conclusive on December 4, 2015.

[Criminal Facts]

1. On March 26, 2010, the Defendant against the victim T makes a false statement to the victim that “Around March 26, 2010, at W Office located in the Yeongdeungpo-gu Seoul Metropolitan U.S. U. building V, the Defendant did not have the intent or ability to subcontract the facility project to the victim, and even if he borrowed money from the damaged party, even if he borrowed money, he did not intend or have the intent or ability to repay it, the Defendant borrowed 4.9 million won from the damaged party for the purpose of reducing the subcontract for the facility project with the 13 Dong and the 5 million won to be used as the expenses for reducing the subcontract for the facility project for the gas station located in e.g., the Defendant received 4.9 billion won from the injured party on the same day, and received 10,000 won from March 29, 2010.

2. Fraud against victims;

A. On May 17, 2010, the Defendant, even if having received money from the injured party, at the office AB office of Yeonsu-gu Incheon Metropolitan City, the Defendant made a false statement to the victim, stating that “Although there is no intent or ability to conclude a contract for a new construction work, 5 million won shall be changed from the contract cost of the construction work for four Dong Dong-dong 32 households in Gyeonggi-gu, Gwangju-gu, the Defendant was transferred from the injured party on May 29, 2010.”

B. On June 9, 2010, the Defendant, even if having received money from the injured party at the above place, falsely concluding that “The Defendant did not have the intent or ability to contract the new construction work, and instead, did not change the victim’s 10 million won into the contract cost of the construction work for the 24 households in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.”