A defendant shall be punished by imprisonment for a period of five months.

Criminal facts

On July 29, 2014, the Defendant would make payment in cash at the end of each month after supplying ready-mixeds to the victim D at the construction site of the new construction site of the C E Hospital on July 29, 2014.

“A false statement” was made.

However, in fact, the Defendant was bad credit standing and did not have property under the name of the Defendant, and the funds necessary for the new establishment of a hospital were fully appropriated for the loan, so even if the Defendant was supplied with ready-mixed from the injured party, there was no intention or ability to pay the funds within the agreed date.

Nevertheless, the Defendant, as above, was informed of the victim’s deception from August 15, 201 to October 7, 2014 by the victim, and was supplied with 20,344,060 won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes governing ready-mixed contracts and entire certificates of registered matters;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by imprisonment: One month to ten years;

2. Scope of the recommended punishment according to the sentencing criteria: One month to one year.

(a) Determination of types: One type of fraud (less than KRW 100,000) in general;

(b) Special sentencing factors: Where a person intentionally commits a deceptive act with dolusent negligence, or where the degree of the deceptive act is weak (requirements for mitigation).

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: The five months of imprisonment with prison labor is deemed to have committed a deceptive act with negligence; thus, the motive and circumstance of the crime of fraud can be considered.

However, the amount of damage in fraud in the judgment exceeds 20,000,000 won, and the defendant did not pay the above amount of damage to the present time when 4 years have passed since the first supply of ready-mixed.