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

[criminal power] On May 31, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the judgment became final and conclusive on June 8, 2018.

【Criminal Facts】

On December 2, 2016, the Defendant stated that “The Defendant shall construct a new house on the land of Pyeongtaek-do, Gyeonggi-do, which requires KRW 80 million to the construction cost for the closing construction of electric power resource. If the Defendant borrowed KRW 80 million to the building owner, he/she shall transfer the name of the building owner to the new one. By the end of March 2017, he/she completed the construction of electric power resource by obtaining a loan by April 2017 or selling a loan by obtaining a loan by the end of March 2017, and would pay KRW 40 million to the principal amount of KRW 80 million in total.”

However, in fact, the construction site of the electric power plant is proceeding with the Alley Corporation.

The lack of funds was virtually neglected from September 2016 to the risk of cancelling the contract from the landowner. Even if the victim borrowed money from the victim, the victim was able to repay part of the labor cost and material cost incurred due to this case and separate construction, and was able to use both personal debt repayment and cost of living, etc., and there was no intention or ability to perform the construction work normally by using the closing construction cost of the above electric source house as construction cost.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million in cash from the victim on or around December 23, 2016 as the borrowed money, and transferred KRW 5 million to the F account in the name of the Defendant on or around December 28, 2016, and acquired KRW 20 million in total on or around January 18, 2017, and acquired KRW 35 million in cash from the victim to the same account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of receipts, certificates of transaction, letter of payment, etc., houses photographs, and business registration certificates, statutes;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;