A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for six months at the Gwangju District Court for fraud, etc. and the said judgment became final and conclusive on October 24, 2014.

On May 2009, the Defendant was awarded a subcontract to the Victim E for removal of H facilities and re-subcontract installation works in the Southern-gun G located in the Namyang-gun, Nam-gu, Gwangju.

Of the above construction, it stated to the effect that “the loan of money is made because it would cause to make the part of the installation of the outer pents.”

However, the above F, which the Defendant talked with the victim, was not definitely subcontracted from the original business entity to remove the above H facilities and install the outer pents, and the Defendant did not have the intent or ability to re-subcontract to the victim after re-subcontracting the above outer pents installation work from F. Since there was no particular property or monthly income as the bad credit holder at the time, there was no intention or ability to repay it even if he borrowed money from the victim.

Around June 4, 2009, the Defendant: (a) by deceiving the victim as above; (b) received KRW 20 million from the victim via a bank account in the name of the Defendant’s designated by the Defendant; and (c) received KRW 20 million from the victim through the bank account in the said I’s name on June 19, 2009; and (d) acquired KRW 22 million from the victim through the said I’s bank account under the same name.

Summary of Evidence

1. Protocols of prosecutorial statements made by the defendant to the prosecution against witness E in part of the defendant's legal statement and the J's respective legal statements;

1. Investigation report of police statements made to E (report on attachment to court rulings made to theJ for reference) and investigation report (report on attachment to court records made to theJ for reference);

1. A complaint;

1. Previous convictions: inquiries about criminal history and text of judgment [the defendant and his defense counsel] entered into a re-subcontract with the victim after the defendant re-subcontracted the removal of the H facilities of this case and the installation of pents from F, and then entered into a re-subcontract.