A defendant shall be punished by imprisonment for four 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

On January 14, 2019, the Defendant called the victim C at the construction site located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and made a false statement to the effect that “The Defendant would receive the progress payment of KRW 47 million from the owner of the Dtel site, but it is urgently needed to pay KRW 30 million. If the Defendant borrowed KRW 30 million, the Defendant would receive the progress payment.”

In fact, the Defendant had approximately KRW 30 million, and approximately KRW 32 million, and the amount of delinquent tax is about KRW 86 million, and the amount of delinquent tax should also be seized to the house, automobile, and account. Around 50 million for the operation of the office of each month, even if the Defendant received the payment for the future due to the delayed payment of the wages, he/she did not have any intent or ability to repay the said amount even if he/she borrowed money from the victim.

After all, the Defendant, as above, by deceiving the victim as above, obtained 30 million won from the victim to the bank account in the name of the defendant in the name of the defendant on the same day and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of a copy of a bankbook, a certificate of transaction confirmation, construction contract, and credit information history statutes;

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;

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

1. Scope of punishment by law: One month to ten years;

2. Reduction elements of less than KRW 100 million [type 1] reduction elements of fraud according to the sentencing guidelines: In cases where a person commits deceptive act intentionally at fault or a person whose degree of deceptive act is weak, in cases where a person commits deceptive act at fault or whose extent of deceptive act is weak, (the area of recommendation and the scope of recommendation] special mitigation area, one month to one year;

3. Determination of sentence: The sentencing conditions for the defendant as follows in four months of imprisonment and one year of suspended sentence are as follows.