A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal record] On June 5, 2014, the Defendant was sentenced to the suspension of the execution of nine months of imprisonment for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on June 13, 2014.

[2] On May 29, 2014, the Defendant concluded a contract with the victim for the construction of a factory in the Daegu-gu E-Gun building in the factory office operated by the victim D on May 29, 2014, and concluded a false statement with the victim that “The victim would need money in the process of obtaining a building permit, first 15 million won.”

However, at the time of bad credit, the Defendant was in arrears with the amount equivalent to 20 million won of national taxes, and the financial condition was not good even with the amount paid as the material price for other construction works. Therefore, even if the Defendant received money from the injured party and received money from the injured party to use it as the material price for other construction sites, there was no intention or ability to newly construct a factory.

The Defendant received KRW 15 million from the damaged party to the Daegu Bank account in the name of the Defendant F, in the name of the expenses for permission for construction on the 30th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against D;

1. A contract and a statement of transactions;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201);