A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, around April 2012, at the F Co., Ltd. located in Gangnam-gu Seoul, the Gangnam-gu Seoul, stated that “H Co., Ltd., engaged in the business of creating new factories and neighborhood living facilities, and, at present, it is not possible to purchase the land. H’s I director agreed that H will undertake construction work if it is possible to purchase the land. It can only solve this work, and it is certain to receive orders from F. If it is certain to receive 30 million won operating expenses from H and receive works from H to make a subcontract for civil works to the J operated by the victim.”

However, the Defendant did not receive a promise from H to receive a contract from H, and was scheduled to use the business expense to pay personal debts from the victim. Thus, even if the Defendant received KRW 30 million from the victim, the Defendant did not have any intent or ability to give a subcontract for civil works to the J operated by the victim.

As above, the Defendant, as seen earlier, received from the victim a false statement of KRW 5 million on May 18, 2012, KRW 25 million on May 25, 201, and KRW 30 million on a total of KRW 25 million on the same month, and acquired it as business expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and K;

1. To make an investigation report (to hear statements of witnesses);

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. As to the suspended sentence under Article 62 (1) of the Criminal Act;

1. The recommended type of sentencing criteria: The case where a person commits a deceptive act of less than KRW 100 million in general fraud: the case where a person commits a deceptive act of less than KRW 100 million intentionally, or the case where the degree of a deceptive act is weak (requirements of mitigation), the case where a person is not punished, or where a person has recovered from a considerable part of the damage (requirements of mitigation): whether a suspended sentence of imprisonment for one month to one year (special mitigation area): the case where a person commits a deceptive act of negligence, or the case where a person commits a deceptive act of negligence.