A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On March 9, 2011, at the D office operated by the Defendant in Gangnam-gu Seoul Metropolitan Government, the Defendant concluded on March 9, 201, that “The Defendant would grant the right to operate a boom restaurant at the construction site on the face of the State, in order to develop tin mountain and deliver stone to the victim E in the vicinity of the Dasan-gu, Seoul Metropolitan City LNG Base Corporation, etc.”

However, the defendant has already been notified that the permission for the development of the marsan was not granted by the Sam-si around February 2011, and even if he has received the deposit from the victim, he did not have the intention or ability to grant the right to operate the marsan.

From March 10 to 18, 2011, the Defendant received a total of KRW 30 million as a deposit money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of E and F;

1. Application of Acts and subordinate statutes on account transactions, operation contracts (on-site cafeterias) (as of March 9, 201).

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has withdrawn the complaint against the accused by mutual consent with the victim and the victim’s side at latest);