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

On November 2016, the Defendant: (a) provided the victim D (hereinafter “C”) with a subcontract for the construction of the complex facilities construction of Pyeongtaek-si and EF (hereinafter “instant construction”) at the coffee shop located in Pyeongtaek-si B (hereinafter “C”); (b) provided that there is no construction fund; (c) provided that there is no construction fund; (d) provided that KRW 30 million may be repaid at the end of February 2017; and (e) provided that a public works among the instant construction works may be performed.

“.......”

However, the defendant did not receive a normal subcontract for the above construction work, and most of the money received from the injured party thought to be used for the defendant's existing debt repayment, etc., and even if he borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money as agreed by the injured party or to allow the injured party to receive a subcontract for civil works.

Ultimately, the Defendant, by deceiving the victim by such means as above, was transferred KRW 10 million to the national bank account (Account Number H) in the name of G on January 26, 2017 from the victim who was under his/her control, from January 26, 2017.

2. Around 15, KRW 20 million was transferred to the Agricultural Cooperative Account (Account Number I) under the name of the suspect and acquired by remittance of KRW 30 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (to telephone conversations with a witness, stock company J);

1. Investigation report (K telephone communications for witnesses);

1. Complaint;

1. The loan certificate;

1. Standard contract for private construction works;

1. Application of Acts and subordinate statutes to confirm facts;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] under the category 1 (less than KRW 100 million) in the mitigation area (one month to one year) (the person who has been specially mitigated) is not subject to punishment.