However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant is a person who has operated a telecommunications construction company under the trade name of Guro-gu Seoul Metropolitan Government C building 1104 "D".

On March 19, 2009, the Defendant held the exclusive right to sell the electronic security system manufactured by the ECSI to the victim E. In the future, with respect to the installation work of the external protection system of a nuclear power plant that is reported nuclear power plant, the construction business chain company will be supplied with the electronic security system manufactured by ECSI from D. Furthermore, if the Defendant borrowed money to the Defendant for the use of the project cost, G Co., Ltd. that is run by F will supply the electronic security system to the CIC on behalf of C. In addition, if the business is hindered, he would return the money within two weeks from that time.”

However, at the time, D does not have a domestic exclusive sales right of the electronic security system manufactured by the ECSI, and even if it borrows money from the victim as business promotion expenses, G did not have a situation to cause it to deliver the electronic security system manufactured by the ECSI to the CCB. In addition, the company did not have the intent or ability to pay the borrowed money from the victim because it was suspended from payment due to its failure to repay the amount of KRW 27 million borrowed from the foreign exchange bank.

The Defendant was transferred from the victim to his post bank account the sum of KRW 5 million around March 20, 2009, KRW 5 million around May 8, 2009, and KRW 10 million around May 8, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

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

1. Article 62 of the Criminal Act: