A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On February 9, 2018, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and such judgment became final and conclusive on February 20, 2018.

[2] On April 11, 2016, the Defendant: (a) borrowed money from the office operated by P in Ansan-siO to the victim Q Q to the victim Q, “It is necessary to undertake civil engineering works for the construction of a multi-purpose officetel in the city of the Government, the construction works are commenced by receiving advance payment; and (b) return it after receiving advance payment.

“A false representation was made.”

However, the defendant did not have prepared to receive the above construction work, and there was no ability to receive the construction work, and at the time there was no specific property at that time, the defendant intended to use the money borrowed from the injured party for the purpose of paying the existing debts and living expenses, not for receiving the construction work.

The Defendant, as such, by deceiving the victim, was remitted to the victim KRW 20 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. A standard contract for private construction works, a cash storage certificate, and a member transaction certificate;

1. Investigation report (as to the money sent by the complainant to the suspect and the money received by the person from the victim), investigation report (as to the case of communication with R owners S in the House Government); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation date of final judgment of 2017No. 4779) shall be made;

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

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing as shown in the records, such as the following conditions and amount of deception, age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, etc.:

- The victims do not have substantial damage.

The date of the sentence was 2.5 million won before the date of the sentence.

(a) an injured person;