A defendant shall be punished by imprisonment for not less than eight 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

On August 13, 2013, the Defendant was sentenced to imprisonment with prison labor for six months in the Southern District Court branch of the Jeonju District Court for fraud, and the judgment became final and conclusive on August 21, 2013.

On September 2012, 2012, the Defendant stated that “The state in which the Defendant obtained a permit to cut trees on C forest land in Namwon-si, Namwon-si,” and that “I would like to pay KRW 55 million to E in lieu of paying KRW 78,00,000 per ton of trees, the Defendant would be punished and brought to E. The trees would be 78,000 won per ton of trees, and the transportation expenses would be calculated as KRW 12,000 per ton of the trees.”

However, at the time of fact, the Defendant had already contracted the F with the F to supply the whole quantity of the trees of the above forest, so even if the victim pays the Defendant’s debt on behalf of the Defendant, the Defendant did not have the intention or ability to leave the trees to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim deposit KRW 30,00,00 with the account under the name of E on October 6, 2012, and KRW 22,240,000 from October 7, 2012, and by allowing E to deliver KRW 2,758,200 to E on behalf of KRW 54,98,20, and by allowing the victim to pay KRW 54,98,200 from September 7, 2012 to November 10, 2012, acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint;

1. The place of work;

1. A copy of the original supply contract;

1. Statement of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of damage);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.