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

On September 5, 2017, the Defendant stated that “Around September 5, 2017, the Defendant would enter into a contract with the victim D to put in equipment, such as crushor, etc., necessary for mineral extraction and production, after acquiring the permit from the E Co., Ltd. to take out mineral mining for the FF and three parcels of land outside the Gyeongnam-gun, Gyeongnam-gun, Busan-gun, and then obtaining the permit from the E Co., Ltd. for expenses.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to conclude the contract as above because he did not have any relation with the above E Co., Ltd.

As such, the Defendant, by deceiving the victim on September 6, 201, wired the total sum of KRW 10 million on September 6, 2017, KRW 30 million on October 26, 2017, and KRW 50 million on October 27, 2017, to the bank account in his/her name.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D or G;

1. A complaint filed for DNA preparation;

1. Statement of transactions between Gyeongnam Bank;

1. Application of the Acts and subordinate statutes of the agreement;

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

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for not less than six months, but not more than one year and six months (decision of type): General Fraud [Type 1] and no more than KRW 100 million [the scope of recommendations and recommendations] [the scope of recommendations]: Six months to one year and six months.

3. The Defendant: (a) obtained money from a business that is executed by another person for the purpose of having the victim receive a contract for construction; and (b) obtained money.

The nature of the crime is not good.

Nevertheless, the defendant has a legitimate authority without being against himself.