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

The Defendant is the vice president of the “Co.” and worked as the field manager of the “E” located in Gangwon-gun D, Gangwon-gun.

On May 6, 2014, the Defendant, as a representative of “F” at the site of the foregoing package work, concluded that “If the construction cost, such as materials and personnel expenses, is temporarily short of 25 million won, the Defendant would pay the interest on every three copies of the month and receive the payment for completed portion after five months.”

However, the Defendant was thought to use the money borrowed from the victim as the above for the purpose of the construction site construction cost as debt repayment and living expenses for the transferred construction work that the Defendant was individually borne by the Defendant. At the time, the Defendant had no other property due to the bad credit standing due to the bankruptcy of the company operated around October 2013, and not only had the other property but also had the financial institution’s debt amounting to KRW 20 million, overdue interest amounting to KRW 16 million, and KRW 16 million. Thus, even if the Defendant borrowed the money from the victim as above, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, as above, by deceiving the victim and deceiving the victim, received KRW 20 million from the victim on May 8, 2014, and KRW 5 million on May 9, 2014 from each Defendant’s new bank account in the name of H, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. A certificate of borrowing;

1. Details of financial transactions;

1. Results of credit information replies;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] general fraud, type 1 (less than KRW 100 million), area of mitigation (one month or year of imprisonment with labor) (special mitigation) [the decision of sentencing], in a case where the defendant has recovered from damage to a considerable part (the decision of sentencing].