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

Around April 29, 2016, the Defendant, a representative of B, made a false statement that “Around April 29, 2016, the victim D, who was working in the nearby B office in Busan Dong-gu, Busan, to perform the construction of logging in the E-Industrial Complex Development Project area, and the Defendant would have a large amount of profit if the construction of logging was carried out. If the Defendant borrowed KRW 30 million, the principal amount of KRW 30 million until June 30, 2016, and KRW 120 million as interest by December 30, 2016.”

However, at the time of fact, the Defendant did not have any specific income, while there was a situation where the Defendant would have to repay the construction cost and the borrowed money to be paid at the time, and the Defendant did not regularly accept a subcontract for the construction work in the above business area from F Co., Ltd., the executor of the above industrial complex development project, and on December 29, 2014, the above F had no intention or ability to pay the principal and a large amount of interest within the short-term period after receiving the advance payment of the wooden Project, since the project was no longer to select the construction company due to the problem of securing land in the industrial complex, lack of industrial complex demand, and loan of project costs, etc. after obtaining the approval for the development of the above industrial complex from P.C. on December 29, 2014.

Therefore, the Defendant, from the victim D on April 29, 2016, transferred the sum of KRW 10 million to the Defendant’s new bank account, and KRW 20 million to the same account around the 30th day of the same month, and acquired it by fraud.

Summary of Evidence

1. Statement of the prosecutorial statement concerning the defendant G in court;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the details of transfer, written agreement, statement of payment, and text messages sent and received with the suspect, letter of commitment to the change of the construction contract, and details of passbook transactions;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The types of recommendations according to the sentencing criteria;