A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On January 2010, the Defendant made a false statement to the victim D's (State) office operated by the victim D in Gunsan-si, Sinsan-si, stating that "The Defendant will lend money to the victim as it will take 85% of the designed amount of fire fighting, electricity, and telecommunications construction among the new construction works, because it will take 85% of the designed amount."

However, at the time of fact, the Defendant did not have the right to fire-fighting, electricity, and telecommunications construction at the above construction site. At the time, there were approximately KRW 800 million debts at other construction site, while there were no particular assets, and at the time there was a lack of capacity to repay the above debts. Accordingly, even if the Defendant borrowed money from the damaged party, the Defendant did not have the intent or ability to repay the above construction cost or borrowed money from

The Defendant: (a) by deceiving the victim as above; (b) received 30,000,000 won from the victim as the borrowed money on February 1, 2010 from the victim; and (c) received 320,000,000 won in total from around that time to January 24, 201, as indicated in the list of crimes, from around 15 times in total, as indicated in the list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to the accusation, inquiry of transaction details, and a copy of the process deed (including a loan certificate and a customer ledger);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Fraud (at least KRW 100,000, but less than KRW 500,000). The mitigation area (from October to February 6) [the person who has been specially mitigated] punishment is not imposed or has been recovered from considerable damage (the decision of sentence], the defendant is against his mistake, the fact that the defendant has agreed with the victim.