A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 24, 2013, the Defendant made a false statement to the victim E, “D real estate” located in Namyang-si, Namyang-si, stating that “The Defendant will complete the interior works until June 29, 2013, where the Defendant would have completed the interior works, including KRW 110 million, since it would reduce the construction of nanotechnology.”

However, in fact, the defendant had no intention or ability to complete the relevant interior work even if he/she received the payment from the victim, as a result of the occurrence of an amount of money equivalent to 67 million won at the pre-paid construction site and the obligor is urged to pay the payment from the creditors.

Around May 25, 2013, the Defendant, by deceiving the victim, was transferred KRW 33 million as the contract deposit for Rotterdam Corporation to the Agricultural Cooperative Account under the name of the Defendant, and KRW 44 million as the part payment around June 13, 2013.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, even if the statement is made by the victim to the investigative agency, considering the following circumstances: (a) the defendant has executed at least 35% of the contracted construction work; (b) the return of part of the construction cost received by the victim to the victim; (c) the victim