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

On September 28, 2012, the Defendant made a false statement to the victim E that “Around September 28, 2012, the Defendant would have repaid KRW 50,000,000,000 to the company he/she operates, if he/she borrowed money for the company he/she operates.”

However, in fact, the Defendant did not have any special income due to the decrease in the construction cost of the company's traffic facilities since 2010, while the Defendant was paid debt such as financial institutions, bonds, etc. to pay up to KRW 600 million and paid interest, and did not have any intention or ability to pay it even if he borrowed money from other persons.

The Defendant, as above, by deceiving the victim, received KRW 50 million from the victim under the same day as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of subcontract for the change of construction works, a copy of purchase contract, a certificate of all the registered matters, a copy of the construction work settlement agreement, and the details of deposit and withdrawal transactions;

1. Relevant Article 347 (1) of the Act concerning the facts constituting an offense and Article 347 (1) of the Act Options of Imprisonment;

1. To take into account the circumstances leading up to the crime committed by the victim who has no record of criminal punishment and the age of the defendant and family environment, etc. four times of a fine for the reason of sentencing under Article 62 (1) of the Criminal Act (the crime committed before the head of the year 192);