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 independently worked with the position of the president in Gangnam-gu Seoul Metropolitan Government Co., Ltd. in the fourth floor and performed an order for construction contract.

On January 20, 2013, the Defendant made a false statement to the Seoul Gangnam-gu Seoul Metropolitan Government Office to “Seoul Seodaemun-gu Office to make a remodelling construction work D. In order to make a subcontract during the said remodeling work, the Defendant made a false statement to the victim E that it would make a subcontract for the dismantling work, and prepared and issued a written subcontract agreement for the construction work.”

However, in fact, the remodeling Corporation was awarded a contract by the said F&C Co., Ltd., but since around December 2010, the date when the payment was in arrears, the Defendant had been entrusted by the representative director of the said G GG Co., Ltd. with the authority to carry out the construction work, but there was no progress. Accordingly, it was impossible to start the construction work from March 2013 in accordance with the construction contract delivered by the said GG Co., Ltd to the victim after receiving the said remodeling construction work. Therefore, even if the said money was received from the victim, the said remodeling Corporation did not have any intent or ability to give a subcontract to the victim.

Around February 5, 2013, the Defendant, by deceiving the victim as such, received money from the victim to the SCB bank account in the name of H of the Defendant, from the victim, and acquired it by fraud.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Investigation report (to hear oral statements of witnesses);

1. A copy of a bankbook (the details of remittance of money in return) and a copy of a construction subcontract agreement;

1. Application of the provisions of statutes to a copy of subcontract agreement, payment order, and copy thereof;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that there is no basic area (6-100,000 won or less) (6-10,000 won or less) of the basic area (6-1, and 6-6 months) (the decision of sentencing).