A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] The defendant appears to be a simple clerical error in his/her imprisonment with prison labor for six months as a crime of fraud in the Goyang Branch of the Jung-gu District Court on May 17, 2012.

The above judgment became final and conclusive on May 25, 2012 after being sentenced to B.

[2] On February 5, 2010, the Defendant made a false statement to the effect that “20 DaD 25 electronic sign boards shall be produced in KRW 100 million” to the victim B at a closed place.

However, in fact, the Defendant had an individual debt worth KRW 60,000,000 due to a default on payment in the light of a performance planning project in 2008, but had no special property or income and had been paid by the injured party for the cost of his/her daily life, etc. Therefore, even if he/she received the cost of production from the injured party, he/she did not have an intention or ability to manufacture the PE electronic sign board.

The Defendant received KRW 5 million in total from the victim to the bank account (Account Number: D) in the name of the father of the Defendant on the same day from the victim, on the same day. From August 29, 2011, the Defendant received KRW 52,80,000 in total from the victim to the said bank account as the price for the manufacture of the electronic sign board from August 29, 201.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. Transfer details and transaction details of passbooks;

1. Previous conviction: Application of a written inquiry about criminal history and a copy of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (a comprehensive selection of imprisonment with prison labor);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 37, Paragraph 1, Article 39, of the Criminal Code is not less than 37;