A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 1, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Daejeon District Court Seosan Branch on July 1, 2014, and the judgment became final and conclusive on December 22, 2014.

On July 2012, the Defendant issued a proposal to the effect that “The Defendant would pay the victim D the proceeds of soil and sand collection in the office of the complainant in Daejeon-gu Daejeon-dong, Daejeon-gu, to the effect that “The Defendant would also pay the victim D the proceeds of soil and sand collection in the process of doing so.”

However, the defendant thought that he would arbitrarily use the above money without using it as project cost even if he received the above money from the victim.

Nevertheless, on August 1, 2012, the Defendant, by deceiving the victim as such, received KRW 4 million from the victim to the agricultural bank account (G) of the Defendant on August 1, 2012, and acquired a total of KRW 76 million from that time to January 20, 2013, as stated in the separate crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutor's protocol of examination of part of the accused (including the whole part of D and H);

1. Each investigation report (Evidence No. 3, 4, 5, 6, 11, 12, 14, 17);

1. Details of transactions by account, and details of entry and withdrawal;

1. Previous records: Application of criminal records, etc. and other inquiry reports, personal identification and confinement status, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. From among concurrent crimes, the following facts do not reach an agreement with the victim even though the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is three times a suspended sentence of sentence, six times a fine, the number of crimes, the pattern of punishment after the crime, the poor circumstances after the crime, and the extent of damage are considerable.