A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 22, 2014, the Defendant was sentenced to ten months of imprisonment and two months of imprisonment at the Seoul Central District Court for fraud, and the above judgment became final and conclusive on November 13, 2014.

On January 16, 2014, the Defendant, as a person engaged in construction business, etc., made a false statement to the victim, “I will give a contract for the removal of a down payment of KRW 30 million.”

However, the facts are uncertain at the time when the defendant was the F's acceptance or not yet accepted, and the defendant had already entered into a contract for removal works with another company and the victim had no intention or ability to contract the removal works to the victim as agreed.

As such, the Defendant, by deceiving the victim, received from the victim the sum total of KRW 30 million, in the name of the three face value of the check as the down payment for removal works.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. A protocol of partial police interrogation of the accused;

1. Each police statement made to H, G, and I;

1. A contract agreement for the removal of interior interior interior interior interior facilities;

1. A letter of undertaking;

1. Contents of text messages;

1. Previous convictions: References to criminal records, investigation reports (report on the results of confirmation before and after dispositions, current status of confinement, and attachment of judgment);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

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

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is against the law; (b) the degree of damage in this case; and (c) the victim