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

[criminal power] On November 27, 2012, the Defendant was sentenced to one year and three months of imprisonment for fraud at the Incheon District Court on September 6, 2013, and the judgment became final and conclusive on September 6, 2013. On August 14, 2014, the same court was sentenced to two years of suspended execution for the same offense, and the judgment became final and conclusive on March 12, 2015.

【Criminal Facts】

around March 12, 2010, the Defendant, at the office of D Co., Ltd., operated by the Defendant on the second floor of the Seoul Nam-gu Ctel, Incheon Metropolitan City, issued a false statement to the victim F, who is an actual operator of E Co., Ltd., to the land (hereinafter “instant land”) 64-17 square meters of land (hereinafter “instant land”). However, the Defendant’s management D Co., Ltd., as a joint business proprietor of the said BY, concluded a contract for the sale and purchase of land with the said BY, owned the right to construct the said construction waste disposal of the said construction waste. The Defendant concluded that the Defendant would transfer the transportation right to the said construction waste to E Co., Ltd., on the face of the State, if KRW 300 million with the performance deposit.”

However, in fact, D Co., Ltd. did not have entered into a contract with D Co., Ltd., the said landowner, and did not obtain approval within construction waste transport. Meanwhile, on March 9, 2010, as a result of the king-dong D D D D D D D D D D D D D D D related to construction waste transport, it was confirmed that there was no intention to comply with the disposal of the instant land unless the change of use of the instant land was made. On the other hand, the Seo-gu Office was passive in changing the use of the land, and it was unclear whether the Defendant could obtain approval within the future, and thus, the Defendant did not have any intent or ability to transfer the right to transport construction waste to the victim even if he received money from the victim.

Nevertheless, the defendant deceivings the victim as above and belongs to it from the victim.