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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 5, 2018, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court).
On March 7, 2016, the Defendant made a false statement to the victim P (the 57-year-old) that “The Defendant, at the office of a certified judicial scrivener located in the Seocho-gu Seoul Metropolitan Government office, would be entitled to operate Q’s Vice-Chairperson, who is well aware of Q’s Vice-Chairperson, would change KRW 300 million to the extent that Q would be entitled to operate the cafeteria of the SP factory located in Pyeongtaek-si, which is constructed by Q,” and drafted a written performance agreement.
However, there was no intention or ability to allow the victim to operate the above cafeteria even if the defendant does not have any connection with Q and received money from the victim.
The Defendant, by deceiving the victim as above, received 50,000 won from the victim to the Citti Bank account (T) under the name of the Defendant at that time, and acquired it by fraud.
Summary of Evidence
1. The witness P’s legal statement [the purport of the witness P’s statement is that “the defendant has complied with U.S.” (the vice-chairperson is being given a post-satis, “the person who is a vice-chairperson has contracted and examined at the post-satis, was in a different position,” and “(However, he or she did not have any relation) and added one month.”]
1. The witness V’s legal statement (the “I was the person who was the Defendant,” “At the time the Defendant was prepared to engage in the service with respect to X, and inside, the Defendant at the time,” and “at the time the Defendant was prepared to engage in the service with respect to U,” and “at the time, only signed the performance note without gathering it.”
1. Part of the police interrogation protocol against the defendant [the purport that "which is well known to and is believed to be believed to be W only with the knowledge of the fact-finding restaurant", and "(W) is true that Q Vice-Chairperson is the seat of the defendant"]
1. The police investigation record of the interrogation of suspect V, “X connects services to Q in order to enable the RR S S factory cafeteria.”