The defendant, the representative director of BC (the state), and the AZ, who had the head of the headquarters of the above company, concluded the construction contract and conspired to distribute profits by receiving the construction deposit when the AP project takes place outside of the contracting party.

On May 2014, the Defendant concluded a contract for construction with the victim on September 27, 2014, with the victim BD at the coffee shop located in Songpa-gu Seoul, Ulsan Metropolitan City, stating that “The contract for construction of the AP project was concluded in Ulsan Metropolitan City’s BE site 1,84,000.”

However, the fact that the construction contract for the above AP project has not been formed or acquired business rights has not been acquired, and even if the victim received the construction deposit from the victim, there was no intention or ability to perform the contract.

The Defendant received a total of KRW 58 million from August 25, 2014 to October 2, 2014 as a construction deposit from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with the Z.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of BD in the police interrogation protocol of the accused;

1. Each police statement concerning BD;

1. Application of Acts and subordinate statutes to petition for complaint and evidential materials;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act concerning the punishment, and reasons for sentencing;

1. The basic area (six months to one year and six months) of the sentencing criteria [the range of recommendations] general fraud types 1 (the amount less than 100 million won) and the basic area (the amount of six months to one year and six months) shall be nonexistent; and

2. Although the amount of damage determined by the sentence is considerable, there is no recovery of damage. On the other hand, the defendant was sentenced to imprisonment of 2 years and 6 months to a separate crime, and the appellate court is pending in the trial, the defendant has the criminal records of multiple meetings of fraud, and other ages, character, conduct, environment, and victim of the defendant.