A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 3, 2014, the Defendant was sentenced to one year and six months of imprisonment for embezzlement, etc. at the Gwangju District Court, and the judgment became final and conclusive on March 28, 2014.

On April 13, 2012, the Defendant would be responsible for the remainder of the E Creation Work (hereinafter referred to as the “instant construction”) being performed by D Co., Ltd. (hereinafter referred to as D”) under a contract with the victim C at the General Legal Office of Dosan-dong, Gwangju-dong, Gwangju, by ordering Bosung-gun to “D” (hereinafter referred to as “D”).

A false statement was made that the amount to be received in Bosung-gun remains at least KRW 1.20 million, and that the construction work may be paid as soon as several as the construction work in Seoul was completed."

In fact, D was not suitable for financial conditions due to the aggravation of business management and the embezzlement of Defendant’s company funds, and there was no corporation in Seoul. The Defendant did not have any specific property and did not have the intent or ability to pay the construction cost properly even if the Defendant had the victim paid the construction work.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to obtain pecuniary benefits equivalent to the amount of KRW 92,36,900 (38,366,90,00 for aggregate cost of KRW 54,000 for equipment and labor cost of KRW 54,00,00 for equipment and labor cost of KRW 38,366,90 for aggregate cost) at the E construction site located in Bosung-gun F from April 13, 2012 to August 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant;

1. Statement made by the prosecutor and the police in each protocol concerning C;

1. Statement concerning G in the police statement protocol;

1. Details of payment of construction works E-construction works of local fishery harbors, two copies of the judgment, and copies of bills, and promissory notes;

1. A previous conviction in judgment: