A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 12, 2012, the Defendant: (a) at the F Office of the F Office where the victim E, who is located in D, Won-si, is the representative director; and (b) at the F Office of the F Office where the victim E, who is the representative director, “G,” (c) would have the victim repaid the amount of KRW 100 million up to March 31, 2013. At present, the Defendant is running the ESCO business replacing street lamps from the prime city to the LE former; (d) the Defendant agreed to enter into a contract in the LIG international hosting, thereby making it possible to supply it from F in the future.”

However, in fact, even if the ESCO project was implemented, it did not guarantee that the ESCO project could receive contracts through competitive bidding. The defendant did not think that the ESCO project would have been carried out to G, and the H operated by ESCO was almost little of sales, and there was a debt of 30 million won or more, so even if he borrowed money from the victim, there was no intention or ability to pay it.

The Defendant received KRW 100,000,000 from the victim to the account in his/her name on December 13, 2012.

Accordingly, the defendant was delivered KRW 100 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to E, I and J;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Fraudulent crimes, general fraud, and Type 2 (not less than KRW 100 million, but less than KRW 500 million);

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) Scope of recommendations: Reduction area, 10 months to 2 years and six months;

3. Determination of sentence: Imprisonment with prison labor for ten months, suspension of execution for two years, and community service order 40 hours [the reasonable circumstances] and agreement with the victim and the degree of deception after repayment of the amount of deception;