A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates “B” and has built a new house in Gangwon-gun C.

Around 14:00 on August 2, 2009, the Defendant made a false statement to the effect that “F office” in the “F office for the operation of the victim E, which is located in Hongcheon-gun, Hongcheon-gun, Gangwon-do, would provide the victim with materials, such as grazing trees, at the site of new construction of housing, and would pay the victim in full until September 2009 at the end of the week.”

However, in fact, the defendant did not have any special property under the name of the defendant, and even if he received the material from the victim, he did not have any intention or ability to pay the material price to the victim within the agreed time limit, even if he received the material from the victim in the form of return, such as paying the overdue wages and the unpaid material price.

As above, the Defendant, by deceiving the victim as above, is equivalent to KRW 4,115,00 from the victim around August 2, 2009 to KRW 4,115,00 from the victim.

9. Amounting to 3,032,000 won around October and the same year.

9. Around 14.14. Total sum of KRW 7,609,600 and all of the construction materials have been supplied, including partition trees equivalent to KRW 7,609,600, around three occasions.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on trading lists;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The range of recommending punishment according to the sentencing guidelines [type of crime] in a case where significant damage has been recovered from the amount of less than KRW 100 million (special mitigation factors] caused by fraud (the scope of recommending punishment], one month through one year (the area of mitigation);

2. There are extenuating circumstances, such as the fact that the sentence has already been imposed several times for the same kind of crime, but the defendant has already been punished.