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

Punishment of the crime

The defendant is a representative director of C&A.

In fact, the Defendant had no intention or ability to subcontract any construction works, such as the transportation and disposal of soil and sand generated from the construction works, since the Defendant received a contract for the construction works in the Chungcheong-gun, Chungcheongnam-gun.

Nevertheless, on June 20, 2009, the Defendant enticed the victim D (the age of 67) by stating that “The Defendant would have been ordered three construction works from among the Dacheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Busan, to enter into a subcontract for all construction works related to the transportation and disposal of soil and sand discharged from the country to the country,” at the office of Docheon-ri 301-4, Busan, Seocheon-gu, Busan, the head of the Gun, and the victim D (the age of 67).”

As above, the defendant deceivings the victim as to and against such deception, and 30 million won in a deposit account designated by the defendant from the victim as to June 20, 209, and the same year.

9. Around 28.20 million won and a 30 million won and a 2.14.14.0 million won each have been granted around the same year.

Accordingly, the defendant deceivings the victim and acquired 80 million won in total.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of D police statement;

1. A criminal investigation report (receiving details of transactions, etc.) and a statement of transactions of agricultural accounts, and a deposit receipt from a community credit cooperative;

1. The standard contract for each private construction project;

1. Standard subcontract agreement for construction works;

1. The loan certificate;

1. Application of certified transcript of corporate register or business registration certificate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The following circumstances, i.e., the defendant's disadvantage with regard to the reason why the sentence of imprisonment with prison labor for the selective sentence (amount of damage) is sentenced for eight months from one month to six months from the date of imprisonment with prison labor for the sentencing (amount of damage) and one year and six months from the date of imprisonment with prison labor for the sentencing guidelines (amount of six months from the date of the sentence below).