A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant had no intent and ability to pay money, even if he borrowed money from the victim B for the purpose of personal use, such as repayment of debts, etc., even if he borrowed money from the victim B.

Nevertheless, on October 21, 2014, at the D office operated by the Defendant in Gangnam-gu Seoul and 1010, the Defendant: (a) made a false statement to the victim that “I will enter into a subcontract for the remainder of the Hospital E Hospital; (b) I want to start the construction; (c) I borrowed money from all expenses; and (d) I received KRW 5 million from the victim via the national bank account (Account Number G) in the name of the F designated by the Defendant for construction expenses on the same day.

2. The Defendant did not have the intent and ability to use the money received from the victim as expenses incurred in concluding a subcontracting contract with the H company even if the Defendant received money from the victim B as expenses incurred in concluding the subcontracting contract with the H company.

Nevertheless, on November 1, 2014, the Defendant, at the above D office, was aware of the Defendant’s “In Korea, I Group General Vice-Chairperson, I Group J, and will receive a subcontract for H Company through J. In order to conclude a contract, the Defendant made a false statement that “The expenses need to be paid, such as giving gifts to the people of K and H Company,” and that it received KRW 1 million from the victim to the credit union account (Account Number L) in the name of the Defendant for the same day as the expenses for concluding the contract from the victim.

From November 1, 2014 to August 18, 2015, the Defendant received a total of KRW 4,90,000 through the same method nine times, such as the list of crimes in the attached Table, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by prosecution against M;

1. B.