A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement in the Busan District Court Branch Branch of the Incheon District Court on October 19, 201, and the above judgment was finalized on October 19, 2012, and on October 18, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor for fraud, etc. at the Incheon District Court on October 30, 2012.

On January 2010, the defendant proposed that "Amman D and E will undertake four major construction works from the GS Construction," and that "Amman D and E will need a specialized construction license if he will receive the 6th section improvement project from the GS Construction, so D and E will find a person who will receive a subcontract for the transportation of earth, sand and rock as in the name of the KS Construction Bank, and 40 million won, while delivering the defendant's proposal to F around the end of January 2010."

On February 1, 2010, the Defendant entered into a “contract for the transportation of earth, sand, and rock,” with the victim, through the introduction of the said D and E, and entered into a “contract for the transportation of earth, sand, and rock,” with the victim, “A project for the 6th project of the Geum River, which is the four projects from the GS Construction, is a four projects, and a subcontract may be received in the name of the Dispute Resolution Co., Ltd., which is clearly in the name of the Dispute Resolution Co., Ltd..., which will give a subcontract for the transportation of earth, sand, and rock and a license for the operation of the

However, the defendant did not have any intention or ability to obtain a subcontract for the construction from GS Construction in the name of the KS Construction Co., Ltd., and even if he received the money from the victim, he did not have any intention or ability to give a subcontract

The Defendant received 40 million won from the victim to the national bank account in the name of the Defendant on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement, each legal statement of witness E and D;

1. Copy of each protocol of examination of suspect against D by the prosecution (No. 19, 30 No. 50);

1. A copy of the protocol of interrogation of the police against D (No. 5 of the evidence list).