A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On January 31, 2013, the Defendant was sentenced to a suspended sentence of two years on February 8, 2013 at the Suwon District Court Sejong District Court’s Pyeongtaek District Court’s imprisonment with prison labor for fraud, etc., and the said judgment became final and conclusive on February 8, 2013.

[2] On November 18, 201, the Defendant stated that “The Defendant would use the money to purchase the materials at the construction site in order to purchase the materials at the construction site at Pyeongtaek-si branch office located in 245 as of Pyeongtaek-si 18, 201 and pay it within three months” to the victim B.

However, the defendant was operated at the time of fact

C When it was impossible to carry out the construction of the D neighboring residential building due to the lack of a comprehensive construction license, it was merely introduced a white integrated construction (ju) to the owner of the building, and it was thought that the construction was not directly carried out, and thus, it was intended to use the money for the payment of insurance premiums and the repayment of debts. Therefore, even if it was paid from the victim, there was no intention to use the money for the purchase of the construction materials, and there was no ability to repay the money within three months, but there was no ability to pay interest for the obligation of KRW 150 million.

Nevertheless, as above, the Defendant was issued a cash of KRW 30 million from the injured party, i.e., on the pretext of a loan, by making a false statement.

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

Summary of Evidence

1. Statement made by the police against B;

1. A complaint, a loan certificate, a letter of payment, a letter of confirmation of transaction details, a full certificate of registered matters, a business registration certificate, and a report on investigation;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting 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. The latter part of Article 37 of the Criminal Act regarding the treatment of concurrent crimes: Provided, That the following conditions for the sentencing of Article 39(1) are comprehensively taken into account: (a) the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime; and (b) the sentence is the same as the order.