1. Defendant A shall be punished by imprisonment with prison labor for one year.

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

Punishment of the crime

The defendant is a person who is engaged in the construction business, "2013 Highest 7184 (Defendant A).

1. The Defendant had no intent or ability to repay money from others even if he borrowed money from others due to the lack of any particular property or income, and there was no intention or ability to grant another person the right to operate the Saemangeum Sea Embankment transportation business.

Nevertheless, on November 201, 201, the Defendant made a false statement to the effect that “The Defendant would immediately receive an advance payment of construction work in the name of J on December 201, 201, on the part of the F restaurant located in the Gyeong-dong, Hanam-gun, Gyeongnam-gun, and the victim G (Seoul and 62 years of age) is the construction site of the Busan Metropolitan City located in the Hasan-si, Chungcheongnam-si. The Defendant would have the right to the soil and sand transportation business. The Defendant borrowed KRW 3 million under the pretext of the expense, and borrowed money would have received an advance payment of construction work.” The Defendant received a remittance from the victim on December 201, 300,000 won under the name of JJ on December 201.

Around December 28, 2011, at a place where the location is unknown, the Defendant made phone calls to the victim, and “Along with the purport that he/she would lend KRW 2 million to another person for additional expenses incurred in the Saemangeum Sea Preservation Project, and immediately receive construction advance payment,” and that he/she received KRW 2 million from the victim to the account under the J’s name immediately.

Accordingly, the defendant, by deceiving the victim, acquired money from 5 million won.

2. In relation to the K Civil Works, the Defendant did not have been awarded a subcontract for the civil engineering works on the scheduled site with respect to the K development project that is planned to be created in a single source of L by Yangyang-si, the project executor, or the company that was partially entrusted by the said company, and the prospective site.

Nevertheless, on January 2012, the Defendant was awarded a contract with the victim for civil engineering works in the K development project of the L in Yangyang-si, the Defendant borrowed KRW 30 million to the victim.