A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around February 3, 2016, the Defendant and B made a false statement to the effect that “The Defendant and B would subcontract the civil engineering work of a factory to the victim E, by entering into a written understanding on the environmental policy projects of Seongbuk-gun and the State, for the construction of a foul waste treatment plant, by concluding a written understanding on the environmental policy projects of Seongbuk-gu and Seongbuk-gu.”

However, the Defendant and B acquired the said D Co., Ltd. without any capital around January 2016. Therefore, it was difficult to construct the excreta treatment plant without subsidies from the State or local governments due to lack of expenses incurred in operating the company, and it was not possible to receive subsidies within a short period of time since it did not secure expenses for the construction of the site or the purchase of the site for the construction of the excreta treatment plant. Thus, even if the Defendant and B borrowed money from the victim, they thought to be used as funds for the operation of the said company and did not have the intent or ability to subcontract the civil engineering work to the victim.

In the end, the Defendant and B, as seen above, were accused of the victim, and were transferred KRW 20,000,000 from the victim to the G Association account in the name of Friend in B under the pretext of borrowing money from the victim.

In this respect, the defendant and B had conspiredd the victim and received the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines] - Class 1 (less than KRW 100 million) (the area of mitigation (from one year) of the general fraud - The person who is subject to special mitigation (the decision of sentence] is not subject to a fine of this kind against the defendant, the defendant is only subject to a fine of this kind, his age, sexual behavior, environment, motive and motive of the crime.