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

The defendant is the representative of C, who is engaged in construction business in Pyeongtaek-si B, and the victim D (E, 56 years old) is the representative of E who is engaged in mid-term equipment rental business.

On September 2016, at a restaurant located in front of Pyeongtaek-si F Station, the Defendant stated that “B shall operate “B” to the victim, and that G shall undertake civil engineering works and Pyeongtaek-si H civil engineering works among solar works implemented in Guam. However, if the current construction fund is insufficient, E shall lease and use equipment used for civil engineering works, and the borrowed money shall be repaid while performing construction works.”

However, even if the Defendant borrowed money from the victim, it was thought that it would be used as the operating expenses of C, not the construction fund, and there was no fact that G was subcontracted with the civil works or that it was in charge of the civil works of Pyeongtaek-si H. Therefore, even if the Defendant borrowed money from the victim, it did not have the intention or ability to complete the payment.

Ultimately, the Defendant, by deceiving the victim as above, received a total of KRW 25 million from the victim’s national bank account (I) on October 24, 2016, and KRW 25 million from the same account on November 24, 2016, including KRW 25 million.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the filing of a complaint and details of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice 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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The amount of this case acquired by deception of this case shall be KRW 50 million.