The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On December 2005, the Defendant issued a false statement to the victim C, stating, “On the request of the head of the D Construction Headquarters, the Defendant may operate the public construction site restaurant (hereinafter referred to as “catch”). By January 2006, the Defendant would allow the victim C to run the restaurant at the construction site (hereinafter referred to as “catch”).

However, in fact, the defendant is only the vice president of Econstruction, which is a subcontractor of D Construction, and there was no intention or ability to grant the victim the right to operate the D Construction Site cafeteria, and the money received from the victim as down payment was considered to be used as personal living expenses regardless of the cafeteria operation.

On December 7, 2005, the Defendant received KRW 30 million from the victim as the down payment at the construction site restaurant around the construction site.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 28, 2006, the Defendant called the victim at an irregular place and called “D Construction F Vice-Chairperson goes to a special election for a wooden market and works as the staff of the FF Vice-Chairperson in Korea. For this reason, the Defendant did not have the right to operate a restaurant, but there is a need to include the 10 million won election fund.”

However, the defendant was not a member of F, a special election candidate for the fair market, and even if he received money from the victim, he was thought to use it as a personal cost without the intention or ability to use it as an election fund.

The Defendant received KRW 10 million from the victim through G’s account as the same day election fund.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of penalty;