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

On October 11, 2011, the Defendant told the victim D to the effect that “A contract was made for the new construction of the E main plant of the Company E, and the payment was made by delivery of KRW 20 million, the said construction will be subcontracted so that it may begin after the month.”

However, the Newly-built Construction Corporation reported the commencement of construction on April 21, 201, but the construction was completely not implemented after reporting the commencement of construction on the same day due to financial situation, etc., and the defendant had the intent to use part of the above money individually even if he received the above money from the victim. Thus, even if the above money was received from the victim, the victim did not have the intent or ability to subcontract the above construction within one month.

The Defendant, by deceiving the victim as above, received 20 million won from the victim to the post office account in the name of F used by the Defendant on or around the 12th of the same month.

On October 21, 2011, the Defendant, despite the absence of the intent or ability to subcontract the above construction work to the victim at the above place, stated that “it is necessary to delay the commencement of construction works to the extent of one month. It is necessary to additionally require five million won due to the delay in the commencement of construction works, and if it is ordered to further grant the above money, it is ordered to subcontract the construction works to the post office account.” The Defendant received additional remittance from the victim to the above post office account on the same day.

Accordingly, the defendant deceivings the victim and obtained a total of 25 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a)types: