A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

1. On October 24, 2016, from around December 28, 2016 to around December 28, 2016, the Defendant: (a) received a subcontract from C Co., Ltd. to perform construction works on a construction site located in Seo-gu, Seo-gu, Busan, Seo-gu; (b) induced the victim by drawing up a daily output list with a false content as if the victim used more human resources than the actual ones; and (c) obtained a delivery of KRW 25 million, the amount exceeding the actual construction cost, as the construction cost, from the victim.

2. On October 30, 2016, between October 30, to March 4, 2017, the Defendant: (a) was performing construction works with a subcontract from F Co., Ltd. to a construction site located in Gangnam-gu, Seoul; and (b) was deceiving the victim by preparing and presenting a daily output list with a false content as if he/she used more human resources than actual ones to the victim D; and (c) was granted KRW 25 million, which is the amount exceeding the actual construction cost, from the damaged person, as the contract price.

Summary of Evidence

1. The defendant's legal statement (as at the 11th public trial date);

1. Protocols of examination of witnesses regarding D;

1. Statement made by the witness D in the fourth public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of evidentiary materials by a complainant), investigation report ( telephone conversations between a complainant and a complainant);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., of the same Act, the Defendant, on the grounds of sentencing, took the victim’s personal expenses by deceiving the victim who was in a transactional relationship, thereby deceiving the victim more than KRW 50 million.

The method of the law is poor and the amount of damage is high.