except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is a person who actually operates D Co., Ltd. for the business of manufacturing panels, etc., and the victim E is a person who engages in electrical construction, etc. of buildings.

At around 09:00 on February 9, 2009, the Defendant stated that “In D’s order to undertake the construction of a new building in the Yeongdeungpo-gu Seoul Metropolitan Government Kudong, Yeongdeungpo-gu, Seoul, the Defendant would subcontract electrical construction and structural construction among the new construction works of a building in the gatedong, if the Defendant borrowed KRW 18 million.”

However, the Defendant did not have the ability to subcontract the construction of a new building in Yeongdeungpo-gu Seoul Metropolitan Government, and even if the Defendant borrowed money from the victim, the Defendant did not have the intent and ability to repay the said money, even if he did not have any special property and profits at the time, even if he borrowed money from the victim.

Defendant from the victim, i.e., nine million won from the seat, and the same year.

2. Around November, 2000 won received a total of KRW 18 million, including KRW 9 million.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including each of the statements of G, H, I, J, and victim E);

1. Each police interrogation protocol against J (including statements made to victims E in the interrogation);

1. The police statement of victim E;

1. Application of Acts and subordinate statutes on details of transactions, cash receipts, specifications of transactions, and copies of bankbooks by account;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (Judgment on the application of sentencing criteria): The scope of recommending sentence for a person who has been subject to special mitigation from among the O general fraud crime group: Imprisonment with prison labor for not more than one year (the area of mitigation): The decision to suspend the execution of sentence is affirmed (the grounds for refusal of punishment, the social relationship clear, the serious reflectness): 6 months of imprisonment with prison labor, and 2 years of the suspension of the execution of sentence.