A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal Power] On November 7, 2014, the Defendant was sentenced to four months of imprisonment and fine of 1,000,000 won in the Ulsan District Court for a violation of the Punishment of Violences, etc. Act (joint attack), and the judgment became final and conclusive on November 24, 2014.

【Criminal Facts】

At around 10:00 on August 1, 201, the Defendant made a false statement to the effect that the victim, who was the type E of the victim D, operated a kin restaurant, sold alcohol to minors, and controlled by him, and that the Defendant would be able to take off the phone to the victim so that he would be able to correct the police well, so that he would be able to resolve the cost of KRW 1,00,000 on the face of expense.

However, since the defendant thought that he was to use the money received from the victim in a horse, he did not intend to use the money to the police officer even if he received the money under his name.

The Defendant, as such, by deceiving the victim, received one million won from the account of community credit cooperatives (Account Number:F) in the name of the victim.

As a result, the defendant was issued KRW 1 million under the pretext of deceiving the victim, deceiving the financial profits, and making solicitation for the case handled by the public officials at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A deposit certificate;

1. Previous convictions indicated in judgment: The application of investigative reports (informating written judgments, etc.);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a point of fraud), Article 111 (1) of the Attorney-at-Law Act (a point of receiving money and valuables on the pretext of solicitation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision of types].