A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On July 6, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Daejeon District Court on July 6, 2017 and the said judgment became final and conclusive on July 14, 2017.

"2016 Highest 7058"

1. The Defendant was urged to pay the individual debt of KRW 20 million, and even if the Defendant received the price for the interior works from the victim C, he was planned to use it in the repayment of the obligation, living expenses, etc., and did not have the intention or ability to execute the interior works.

Nevertheless, the Defendant would, at the mutual infinite coffee shop located in Gangnam-gu Seoul Eastdong on May 2013, 2013, provide the victim with a ceiling, partitions, and glass construction among the interior works performed at (ju) D first on the face of the cost of construction.

“Along on May 30, 2013, the member was transferred 40 million won as a deposit account of the E bank from the damaged party to the account of the E-person on May 30, 2013.

"2017 Highest 6123"

2. The Defendant did not have any intention or ability to perform the above construction even if the Defendant received the cost for the construction of the steel structure from the Victim F.

Nevertheless, on May 18, 2015, the Defendant, at the construction site located in Seongbuk-gu, Seongbuk-gu, Seocheon-si, the Defendant made a false statement to the effect that the victim “a contract deposit to reduce construction” was changed, and received KRW 16 million from the victim to the account in the name of the Defendant on the same day.

Summary of Evidence

"2016 Highest 7058"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Investigation report (the identity of the victim (State) D representative);

1. A detailed statement of deposit transactions "2017 high group 6123";

1. Statement by the defendant in court;

1. Statement made by the police with F [criminal records];

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and reference materials;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.