A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a person who was the representative of the LAB.

On August 26, 2015, the Defendant made a false statement to the victim D, “The first process of civil engineering works at the construction site of the factory E (hereinafter “E”) in the Suwon-si, Suwon-si, and the second-class Dispute Resolution Co., Ltd., and the second-class Dispute Resolution Co., Ltd., which had not yet been settled. In order to borrow KRW 30 million, the Defendant would have received orders for civil engineering works equivalent to KRW 50 million in the second-class E’s land, and would have paid KRW 50 million in the amount of KRW 30 million after three months.”

However, in fact, the Defendant concluded the above land purchase contract, but failed to pay part payments, and the down payment was confiscated, and the Defendant did not receive loans to the extent of paying the purchase price of the land due to the failure to obtain permission for the entire construction of the above land, and even if borrowing money from the victim, the Defendant did not have the intent or ability to give orders for the second civil works of the above land, or to pay KRW 50 million.

Around September 1, 2015, the Defendant received 30 million won from the victim to the F account of community credit cooperatives under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a notarial deed, a standard contract for private construction works (16 pages), a real estate sales contract (17 pages), a copy of a passbook, a full certificate of registered matters (25 pages), a withdrawal of an application for permission for development activities, notice and notification of the withdrawal of the application for permission for development activities, a consultation and reply for permission for development activities, and a report on each investigation (person for reference G

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

1. The following circumstances acknowledged by the evidence duly adopted and investigated by the instant court under Article 62(1) of the Criminal Act, namely, at the time when the Defendant received KRW 30 million from the victim, the Defendant entered into a sales contract with the owner of the said E land, but the intermediate payment was not paid.