A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 27, 2008, the Defendant, at the E office operated by the victim D in Won-si, the Defendant, “F,” and “F, at the cost of KRW 200 million, paid KRW 15,268,00,00 for the installation of air conditioners immediately after receiving construction cost from F, if the Defendant installed seven air conditioners to receive KRW 200,00 from F.

However, in fact, I Co., Ltd. with the Defendant’s capital was impaired, and the Defendant only bears about KRW 80 million for obligations such as bonds, etc., and KRW 100 million for construction materials, etc., and had no personal property. Even if the Defendant received construction payment from F, it was thought that it would be used to settle the price of another customer, and thus, there was no intention or ability to pay the price even if it was supplied by the victim.

From August 27, 2008 to September 5, 2008, the Defendant had the victim install 7 LP-C15CS 4, 36 square LP-C1307S I 2, 40 square LP-C145S 1) equivalent to the market value of the above H. From August 27, 2008 to September 5, 2008.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election 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 scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million);

(b) Special convicts: Reduction elements (a degree of loss is weak);

(c) Scope of recommendations: Reduction area, not more than one year; and

3. Determination of sentence: Imprisonment with prison labor for four months, two years of stay of execution, 40 hours of community service order [the reasonable circumstances] the degree of deception is weak, and agreement which does not have any criminal record after 192 [the poor circumstances].