A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Daegu District Court on July 25, 2013 and became final and conclusive on November 2 of the same year.

On February 6, 2012, the Defendant gave the victim D (Nam, 44 years of age) a subcontract for the part of the telecommunications construction work for the construction of the off-city apartment located in Seocho-gu Seoul Metropolitan Government. Accordingly, the Defendant borrowed KRW 40 million as a trust fee.

However, since the defendant did not have any authority with respect to the construction of the apartment building in the out-dong, the defendant did not have the intention or ability to subcontract the construction to the victim even if he received money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of E, a parent of the Defendant on the same day, and received KRW 14.3 million in total eight times as indicated in the attached Table of Crimes List.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A complaint;

1. Before the judgment: Criminal history records, etc. inquiry report (A), report on the result of confirmation, and each investigation report (the attachment of the same type judgment, and confirmation of the date of release of the suspect): [Judgment on the argument of the criminal defendant and his defense counsel regarding the part that acquired the right to operate the restaurant by deceptioning the victim's KRW 40 million: ① the defendant, despite the absence of any authority in connection with the new construction work, introduced the victim as the representative of the event of the apartment of this case and ordered the construction to do so, and acquired the money from the victim under various circumstances, such as giving him/her the right to operate the restaurant; ② giving him/her the right to operate the restaurant is only one of such series of deceptive acts; ③ related cases (as seen in the Daegu District Court Decision 2013Ra928 and the consolidation thereof, the defendant has the right to operate the restaurant to the F on January 5, 2012 prior to the time of committing the crime against the victim.