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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On February 14, 2014, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for criminal fraud. The judgment became final and conclusive on February 22, 2014.
【Criminal Facts】
Defendant, Victim C, and D received KRW 30 million from the Gurocheon Dam punishment project to E on January 10, 201, and the victims received KRW 25 million from the Defendant to the Defendant’s account. The victims received KRW 25 million from the Defendant and the victims filed a fraudulent complaint around August 201, E filed a criminal complaint against the Defendant and the victims.
When the defendant was living in around that time, he knew that the victims of the above money would return it to E as a repayment for damage, and received it and received it and received it at will to use it at will.
At around 18:30 on September 20, 2012, the Defendant: (a) provided that “A victim C and D shall pay 25 million won out of 30 million won paid as the construction cost in connection with the construction of Yongcheon Dam to E; (b) provided C with a sum of KRW 15 million and KRW 5 million paid to D, while receiving KRW 20 million and being kept in custody, the Defendant embezzled the above KRW 20 million with personal living expenses, etc. around that time.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, C and D;
1. Copies of documentary evidence receipts, receipts, and resident registration certificates, and deposit transaction records certificates;
1. A previous conviction: A criminal investigation report (Attachment of relevant decisions) and a copy of relevant decisions, the Defendant, although receiving KRW 20 million from the victims, asserts that he/she does not receive money from E.
The victim C received 15 million won through the defendant, and the victim D received 10 million won from E, and the victim was accused of 10 million won, and the victim was accused of fraud.
In this situation, in order to return the money received by the victims, KRW 15 million and KRW 5 million shall be paid to the defendant.