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 becomes final and conclusive.

Punishment of the crime

On March 3, 2011, at a restaurant where it is impossible to know the trade name in the Gangseo-gu Busan Metropolitan City, the Defendant stated that “The second section of Gangseo-gu Busan Metropolitan Government E zone is the construction site that is executed by Hyundai Construction, which is well known by the head of the modern construction site office. First of all, the Defendant would be able to purchase scrap metal that is performed at the time of the removal by requesting the head of the site office to the head of the site office, so that it can purchase scrap metal that is performed at the time of the removal work.”

However, the defendant is not only aware of the head of the modern construction site, but also has a relationship with the head of the company who subcontracted part of the civil works from the modern construction. Furthermore, since the head of the site does not have the authority to select the removal company, the defendant did not have the intention or ability to have the F, the representative of the removal company, perform the removal work ordered from the modern construction.

On March 4, 2011, the Defendant: (a) by deceiving the victim; and (b) ordered the F to transfer KRW 10 million to the Busan Bank Account (G) in the name of the Defendant; and (c) received the remittance from the F to the victim’s request.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and H;

1. Statement by the prosecution concerning D;

1. Reasons for judgment of guilty of investigation report (I.S. telephone conversations), investigation report (Korean Meteorological Administration's weather inspection note, etc.): The defendant is asserting that although the reason why the defendant gave 10 million won to the defendant is not clear, the victim is expected to be able to receive help from the defendant in connection with his dump truck operation business, the victim was used for expenses and 10 million won. However, the defendant was asked by the head of the modern construction site office through J of the Republic of Korea for submission of data to the I to order the removal of the Section 2 Section E, but the fact that the defendant was asked by the head of the modern construction site office through J of the Republic of Korea for the submission of data to the I to order the removal of the Section 2 Section E, and F, who is the scrap metal business operator, is willing to supply the scrap scrap from D and the defendant is 10 million won in money.