A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is engaged in the interior business with the trade name of “B”.

On April 10, 2016, the Defendant made a false statement to the effect that “The victim D shall perform the construction work for the extension and remodeling of the south-gu Seoul detached Housing in the Nam-gu Seoul Metropolitan City, Chungcheongnam-gu, and that “The construction cost shall be paid by receiving construction cost from the clients for the construction work on the face of the State of Flooding and Flood Control.”

However, the defendant did not have the intent or ability to pay the cost of construction to the victim even if the construction cost is fully paid by the client.

In such a situation, the defendant deceivings the victim as above and belongs to it from the 29th of the same month to the victim.

5. The amount equivalent to 11,790,000 won was not paid until the end of 19.19, and the amount of the construction cost was 11,790,000 won.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general fraud, type 1 (less than KRW 100 million) [the scope of recommended punishment] and the basic area of punishment [the scope of recommended punishment], the basic area of imprisonment with labor for not less than six months, but not more than one year and six months;

2. Determination of sentence of this case shall be made in the same manner as the order, taking into consideration methods of the crime of this case, the amount of damage, the circumstances after the crime, the criminal records of the defendant's criminal punishment (no record of criminal punishment heavier than the same type of crime or fine);