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 became final and conclusive.

Punishment of the crime

On September 20, 201, the Defendant drafted the Defendant’s management D office located in the Dongdaemun-gu Seoul Metropolitan Government C building 207, stating that “The Defendant was awarded a contract with the Victim E and the Defendant for a set of approximately 280,000 square meters of the project site G G in Gyeongcheon-si, Gyeongcheon-si, Inc., a contractor of the F development project. If the Defendant borrowed KRW 40,000,000 as a performance guarantee bond, 1.60,000 square meters would be paid KRW 35,50 per square day. If the Defendant borrowed the amount of KRW 40,000,000,000,000 to be paid, it would be paid at the time of the commencement of the construction project.”

However, at the time of fact, the Defendant prepared a memorandum of understanding with the Dong Industrial Development Co., Ltd., a company implementing the FF development project on March 11, 201, but it was known that the above memorandum of understanding was invalidated within 7 days after the completion of the registration of trust within 30 days from the date of conclusion of the statement of understanding that KRW 27.2 billion for the acquisition of business rights was not paid within 30 days from the date of completion of the registration of trust, and that the contract for FF timber construction, which was held by the Defendant, was written out to the effect that the Defendant would take over the above business in Cheongam Co., Ltd., a contract for the acquisition of the above business, and thus, the Defendant did not have any intention or ability to complete payment even if having borrowed money from the victim.

Around September 20, 2011, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account (Serial H) in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of a memorandum of understanding on development projects;

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

1. Article 62 (1) of the Criminal Act;