A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative of Corporation D.

The above company promoted a new business of constructing a rest hotel on the land such as Nam-gu E at the port of port, but the above business did not run properly because there was no business fund.

The Defendant, at the above company office located in Gangnam-gu Seoul on March 13, 2015 in Gangnam-gu, Seoul on March 13, 2015, changed the performance deposit amount of KRW 100 million, which reduces the right to sell in lots, to the victim G to build a H hotel in Nam-gu E at port as an executory company. By the end of April, the Defendant will install a model house and a sales office and give a sales advertisement.

A false statement was made to the effect that the performance deposit will be returned within two months from the date of the contract.

However, in fact, in relation to the above new hotel construction business, the above company entered into a construction agreement with Daewoo Construction Co., Ltd., but the above construction agreement became null and void because it could not raise business funds, and eventually, the above construction agreement was not selected until the time. Therefore, even if the victim received the deposit from the injured party, the defendant did not have the intent or ability to set up a model cargo or sales office and return the bond within two months.

Nevertheless, the defendant deceivings the victim as such and acquired 100 million won from the victim, i.e., the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to accusation, contract for service on behalf of sale in lots, business agreement, loan certificate, and receipt;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

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

1. The sentencing guidelines [the scope of the recommended punishment] General Frauds Type 2 (at least KRW 100,00, but less than KRW 500,00) and the mitigation area (from October to February 6) [the special mitigation person] is not subject to punishment.