A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

[Criminal Justice] On July 23, 2009, the Defendant was sentenced to one year to a suspended sentence of four months for a crime of fraud at the Changwon District Court on July 31, 2009, and the judgment became final and conclusive on July 31, 2009. On February 14, 2012, the Defendant was sentenced to a suspended sentence of two months for imprisonment for a crime of fraud and six months for a suspended sentence of two months for a prison term of six months, and the judgment became final and conclusive on February 22, 2012.

【Criminal Facts】

On February 2, 2008, the Defendant stated that “The victim E was awarded a contract for the construction of a new 10 billion won fake golf course to F in Gyeongsung-gun F in Gyeongsung-gun in Gyeongsung-gun in order to pay KRW 300 million to the investment of KRW 100 million, and KRW 50 million will be given to the investment of KRW 30 million.”

However, the defendant did not receive a contract for the above golf course construction, and at that time, the defendant did not have any intent or ability to repay money from the victim even if he borrowed money from the victim.

Nevertheless, as above, the defendant deceivings the victim and received 4 million won from the victim who was affiliated therewith at that time, and acquired 4 million won on March 3, 2008 by remitting 26 million won to the defendant's account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution, one to one year of imprisonment for the accused is recommended [the recommendation for the mitigation area of the type of "general fraud less than KRW 100 million" (the recommendation for the mitigation area of the type of crime as special mitigation factors). The victim does not want the punishment for the accused, the confession of the accused, and the facts constituting the crime in the judgment of the accused are the latter concurrent crimes under Article 37 of the Criminal Act.

In addition, the age and family relationship of the defendant are various.