A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal power] On May 21, 2019, the Defendant was sentenced to imprisonment for eight months and two years of probation for fraud at the Daegu District Court, and the judgment became final and conclusive on August 12, 2019.

【Criminal Facts】

피고인은 2016. 11. 9.경 대구 달서구 B에 있는 상호불상의 식당에서 피해자 C에게 “경북 칠곡에 골프장을 짓고 있는데, 현장 식당의 밥맛이 너무 없어서 교체를 해야 한다. 식당운영 계약금을 주면 공사 현장에서 식당을 운영할 수 있게 해주겠다.”라고 거짓말을 하였다.

However, in fact, the Defendant did not proceed with the golf course construction at the time, while being investigated into a case of fraud, was issued with a warrant of arrest on October 26, 2016, and was thought to use the money received from the victim for the purpose of repaying the complainant of the case of fraud, so there was no intention or ability to operate a restaurant even if he receives money in the name of the down payment from the victim.

Around November 10, 2016, the Defendant acquired 15 million won from the victim to the post office account under the name of the Defendant by remittance.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A criminal investigation report (the date and time confirmation of remittance of the amount of damage);

1. On-site restaurant operation contract, copy of passbook, etc.;

1. Previous convictions in judgment: Criminal records, investigation reports (cases among suspects' trials), and application of court rulings and other statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is considerable, and the defendant has a record of being punished several times for the same crime, etc. is disadvantageous.

However, the defendant confessions the crime of this case and repents his mistake, and seven million won for the victim.