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

Around October 13, 2009, the Defendant and C have been transferred from the Defendant’s office located in Geumcheon-gu Seoul Metropolitan Government to the victim E as the Defendant’s account in the name of the Defendant for borrowing KRW 50 million from the money to the victim E. In the event that C borrowed KRW 50,000,000,000,000 from the said new construction work, the amount of KRW 30,000 on October 15, 2009 and KRW 20,000 on October 20, 200,000 from the victim.

However, the defendant and C did not have any possibility to subcontract part of the above construction work to the victim because they did not receive a contract for the construction work of the F (State) factory, and there was no intention or ability to repay the above construction work to the victim without any certain revenue or property.

Nevertheless, as seen above, the Defendant and C conspiredd with the victim to make a false statement as above, and received a total of KRW 50 million from the victim.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Part of the protocol concerning the examination of suspect C by the prosecution;

1. Statement of each police statement of E;

1. Preparing and reporting a record of telephone recording or investigation, and a record of recording;

1. A complaint;

1. Copy of the letter of commitment;

1. Each investigation report [Attachment to the G transfer/acquisition contract, attachment to contract document, etc., request for delivery of the F-related data, report attached to the register of corporate register, etc. of the F-related corporation register, hearing of the representative director of F-listed corporation H telephone statement, whether the F-listed corporation will proceed with the new construction of F-factory, attachment such as attachment to the F-type corporation registry, receipt of the F-use permission cancellation notice, hearing of the I telephone statement by the chief of G company,

1. Application of Acts and subordinate statutes to notification of performance terms and conditions following a copy of a standard construction subcontract agreement, a copy of a standard construction contract for private construction works, and conversion of a mountainous district;

1. Article 347 (1) or 30 of the Criminal Act applicable to the crimes. Article 347 (Selection of Imprisonment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The sentencing criteria (the range of recommendations).