A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The defendant is a person who has been engaged in construction business in the vicinity of Guro-gu Seoul Metropolitan Government.

피고인은 2008. 12. 30.경 서울 구로구 신도림역 부근 상호불상의 식당에서, 피해자 D에게 "C이 주식회사 팰리즈로부터 강원도 동해시에 있는 재활전문병원 신축공사를 수주하였는데, 전기공사를 하도급 줄 테니 2,000만 원을 빌려 달라, 공사가 시작되면 바로 갚아 주겠다."고 거짓말 하였다.

However, in fact, the above new construction contract was destroyed as of November 30, 2008 due to C's failure to obtain loans in accordance with the terms of the contract, and it was not possible to independently perform the above new construction project on the company size of C, and even if the victim received KRW 20 million from the victim, it did not have the ability to subcontract the construction project and did not have the ability to pay the principal.

Nevertheless, as the above contract for new construction works is valid, the Defendant concluded a false statement to the victim, and received 19 million won from the victim, namely, a cashier’s checks, and received KRW 20 million in total from the national bank account (E) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the content certification, borrowing certificate, copy of cashier's check, copy of notarial deed, certified copy of immigration registration, standard contract for construction works;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] The grounds for the sentencing [the grounds for sentencing] under Article 62(1) of the Criminal Act [the scope of recommending sentence] there is no basic area (6 to 100 million won) (6 months) [the person who is a special person] [the decision of sentencing] [the decision of sentencing] in light of the methods and contents of the instant crime, etc., the nature of the crime is not somewhat less than that of the Defendant, but not less than that of the Defendant. However, the Defendant