A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who serves as the representative director of C.

On December 26, 2006, the Defendant made a false statement to the victim E at the above company office located on the seventh floor of the Seocho-gu Seoul Metropolitan Government D Building, stating that the Defendant would have to jointly carry out construction works by concluding a memorandum of understanding to create I for F and G and H Day, and that if the construction works are to be started within a few months, the Defendant would have to have the said tourism complex entrusted with miscellaneous construction works.

However, in fact, F-si concluded a memorandum of understanding on joint projects with the above company on the condition that the company will secure a site for the business and select a business development company, and thus, it was sufficiently anticipated at F-si to cancel the validity of a memorandum of understanding if it is not possible for C to complete the above work by June 30, 2007, which is the end date of the memorandum of understanding. Meanwhile, C-si agreed to receive an investment from J in case of securing a pre-contract for site purchase amounting to at least 2/3 of the project site, but C-si agreed to receive an investment from the J, but the project site secured by the above company at the time was merely 30% of the necessary area and it was unclear whether it can secure the investment money. Therefore, the defendant did not have any intent or ability to commence

On December 27, 2006, the Defendant, by deceiving the victim as such, obtained 50 million won from the victim to the bank account under the name of the Defendant as a performance guarantee and acquired 50 million won from the victim.

Summary of Evidence

1. Statement of witness E;

1. An investigation report (in relation to the I development project, attaching data on response to the F.S.);

1. A written agreement, a deposit in a passbook, and an indictment;

1. Written answers and notifications;

1. An investigation report (K currency);

1. Data to be submitted by suspects;

1. Application of statutes on the current status of land purchase agreement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 of the Criminal Act: