A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 25, 2015, the Defendant told the victim D's house located in the Young-gu, Busan Metropolitan City C building 902, that “The Defendant would make the entire artificial park construction work from March 20, 2015 to 30 days from March 20, 2015.”

However, in fact, even if the defendant received the construction cost from the victim, he did not use it for the victim's collection collection work, and was thought to use it for the repayment of his own living expenses and existing debts, so there was no intention or ability to complete the construction work during the scheduled period.

Nevertheless, the Defendant, as seen earlier, received KRW 1,00,000 from the victim at the same time, and received KRW 39,150,000 as the sum of KRW 1,565,000,000 from the account under the name of the Defendant for community credit cooperatives, KRW 7,000,000 on March 19, 2015, KRW 24,000 on March 24, 2015, KRW 150,000 on April 1, 2015, and KRW 4,00,000 on April 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of the D statement;

1. A deposit slip, a copy of a construction contract, and a detailed statement of transactions of admission and withdrawal;

1. The application of Acts and subordinate statutes to each investigation report (to listen to the statements of reference witnesses G telephone; to telephone call report with H room-mains; new constructor’s statement hearing report at new constructor’s time);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the range of recommending punishment] general fraud [one-month imprisonment or one-year imprisonment with labor] in the area of special mitigation [the person subject to special mitigation] (one-year imprisonment with labor] or in the case where the degree of deception is weak, or where the degree of deception is weak, (the decision subject to a sentence] in the case where the amount of damage was not paid or the amount of damage was restored to a considerable amount of damage (the decision subject to a sentence): the amount equivalent to 40 million won; and the circumstances in which the defendant has a favorable power to be punished for the same type of crime are favorable to the defendant: The defendant actually performed the interior construction for a considerable period.