A defendant shall be punished by imprisonment with prison labor for up to 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

1. On February 2014, the Defendant would pay KRW 41.6 million to the victim C at the construction site of the Housing Site Development Project in Yeongdeungpo-gu, Seo-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and at the construction site of the Housing Site Development Project, the Defendant would pay KRW 320,000,000 for total construction cost per square meter immediately after completion of the construction work, if the reinforcement works are carried out on a site for electric power supply.

“A false statement”

However, in fact, the Defendant had no intent or ability to pay the construction cost even if the Defendant completed the reinforcement work at his own expense even if the funds prepared for the said housing site development work are excessive to the level of KRW 3,000 to KRW 40 million.

As such, the Defendant deceivings the victim as such, and caused the victim to be subject to such deception from March 2014.

4. Until October 20, 200, by allowing reinforcement works to be carried out between them, acquisition of property gains equivalent to KRW 41.6 million for the construction cost.

2. On March 2014, the Defendant concluded that “The Defendant would pay KRW 48,100,000 of the total construction cost, including the unpaid construction cost, to the victim, at the same place as a police officer.”

However, the defendant did not have the intent or ability to pay the construction cost even if the injured party completes the reinforced discussions.

As such, the Defendant, by deceiving the victim and allowing the victim to carry out a construction work for additional reinforcement around April 2014, thereby acquiring property gains equivalent to KRW 6,500,00 for construction cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the police against the defendant or C;

1. Each police statement made with respect to C and D;

1. A standard construction contract;

1. Application of Acts and subordinate statutes to photographs of reinforced earth and sand;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] is the type 1 of the general fraud (the amount less than 100 million won).