A defendant shall be punished by imprisonment for one year.

However, 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

1. On March 23, 2013, the Defendant: (a) at the Defendant’s office located in Songpa-gu Seoul Metropolitan Government (ju) office; (b) the victim F received the right to operate the restaurant at the site of Pyeongtaek-si G apartment construction; (c) from August 2013, the Defendant made a false statement to the victim F that the Defendant would transfer the restaurant operating right to KRW 120,000,000,000,000,000,000,000,000 won, from around August 23, 2013.

However, the defendant did not have the right to operate the restaurant and did not have any authority related to the right to operate the restaurant.

Around March 26, 2013, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 120 million as down payment to the foreign exchange bank account (H) account in the name of E around March 26, 2013 from the victim.

2. On July 1, 2013, the Defendant issued a false statement to the victim that “The construction materials for constructing a cafeteria have entered the site and the construction materials have to be paid KRW 70 million for the construction materials.”

However, there was no fact that the defendant was still unable to secure the right to operate the restaurant, so there was no fact that he was taking materials for the construction of the restaurant.

The Defendant, by deceiving the victim as such, was transferred KRW 70 million as material price to the foreign exchange bank account (I) in the name of the Defendant on the same day from the victim.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 190 million from the victim twice.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the law of the police statement protocol to F;

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Pronouncement of Punishment] are as follows: one year of imprisonment, two years of suspended execution, community service work hours (two years of imprisonment). The Defendant’s age, sex, sex, family relationship, family environment, motive and means of committing the crime.