A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The defendant, as a director of C Co., Ltd., a project implementer of the B renewal promotion zone, had the victim D, who is a corporation, in the above project site, acquired money by borrowing a restaurant.

1. On July 22, 2008, the Defendant decided to construct a major multi-use building in G at a “F” restaurant operated by the victim D in Dongdaemun-gu Seoul Metropolitan Government, “F is a director,” which is located in the B renewal promotion zone.

G-related persons need to pay money to the personnel, so that the amount of KRW 10,000,000 will be placed at the main place.

The said money made a false statement to the effect that it would be recognized as a restaurant deposit.

However, in fact, the defendant thought that he would use the money received from the injured party in living expenses, etc., and did not have the victim's intent or ability to operate the restaurant.

Nevertheless, the Defendant received KRW 10 million from the injured party as the deposit money for the restaurant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 21, 2011, the Defendant stated that “The Defendant would repay the victim with no money 5 million won, if he/she lends it to the victim at his/her expense,” at the above F cafeteria.

However, the defendant did not have any intention or ability to pay the above money because he did not have any special revenue or property at the time.

Nevertheless, the Defendant received 500,000 won from the injured party on the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the accused (including a cross-examination);

1. Statement made by the police against D;

1.Payments of payment

1. Application of Acts and subordinate statutes governing receipt of cash custody;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant.