A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From May 2006, the Defendant is a person who has been operating (State)C as a construction executor from around 2006.

On October 23, 2013, the Seoul Songpa-gu Office No. 301 (State) of D Building No. 301, the victim E is entitled to remove the 4 lots, such as the Seoul Yeongdeungpo-gu Seoul, and the Seodaemun-gu Seoul.

A project may commence within three months after a removal contract is made.

It stated that the deposit for the removal right shall be KRW 50 million.”

However, in fact, the Defendant did not have any financial capacity with respect to the reconstruction of a complex building in Seodaemun-gu Seoul Metropolitan Government, and was unable to implement a reconstruction project because it did not reach an agreement on the amount equivalent to 2.5 billion won of the purchase price of the land owned by the owner in the status of 4.4 billion won of the purchase price of the land to be paid to H, etc. as the down payment. The apartment redevelopment project for 4 lots, such as Seoul Yeongdeungpo-gu Seoul Metropolitan Government F, did not have any intent or ability to allow the victim to have the right of removal related to the said redevelopment project.

Nevertheless, the Defendant, as seen above, received KRW 5 million from the victim E, as the agreed money for the contract for the removal construction work on October 23, 2013, and received KRW 45 million on November 20, 2013 from the victim, and received KRW 50 million as the deposit money for the removal construction contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I and J;

1. Statement made by the prosecution against E;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of a written contract for removal, a copy of a deposit slip, and a copy of a check in front;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. Sentence;