A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 13, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution in Busan District Court due to fraud, etc., and the above judgment was finalized on December 11, 2014.

On December 2, 2010, the Defendant works in the E convalescent hospital in Busan, which is operated by the Victim C, for the victim from January 2, 2011 to E in the E convalescent hospital operated by the Victim C.

That said, it was false that the F Council may work in the E convalescent hospital for the F Council members who have worked in the Republic of Korea to pay their obligations. As such, the F Council borrowed KRW 30 million to pay the said obligations and provided that the F Council members will pay their obligations by deducting KRW 3 million per month from monthly salary.

However, in fact, the Defendant did not intend to work in a sanatorium, and even if he borrowed money from the injured party, he was planned to repay other debts than the F Council members' debts, and even if he borrowed money from the injured party, he did not have any intention or ability to repay the debts.

Nevertheless, on December 24, 2010, the Defendant received KRW 15 million from the injured party to the corporate bank account in the name of the Defendant, and KRW 15 million in total, around January 17, 201, around KRW 30 million from the said account.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A copy of the details of passbook transactions, and a letter of payment;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes above and fraud, etc. for which judgment has become final and conclusive);

1. It is an unfavorable circumstance that the reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing taking into account favorable circumstances) include the fact that the defendant can have the same criminal records, and the fact that the amount acquired by the defendant is not small.

However, the defendant recognizes the facts charged and seriously reflects it.