A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the actual representative of the construction company E in Seo-gu D.

On April 25, 2012, the Defendant stated that “If the Defendant invests KRW 150 million in acquiring a construction company with a comprehensive license, the Defendant will take over the construction company from May 20, 2012 to acquire it as an executive officer until May 20, 2012, and will give 33% of the equity interest to the victim H in the law firm G located in Seo-gu, Seo-gu, Gwangju.”

However, around 2007, the Defendant was in bad credit standing such as in arrears with value-added tax of KRW 87 million. Around 201, the Defendant was unable to pay the principal and interest of KRW 150 million incurred at the construction site and KRW 200 million, including personal debt of KRW 50 million, and KRW 50 million. On the other hand, there was no intention or ability to return the amount of investment if the Defendant was unable to acquire the construction company, due to monthly fixed expenses, such as personnel expenses, transactional payments, and living expenses. On the other hand, the Defendant was planning to use the construction company’s acquisition as loan, repayment of loan, living expenses, etc. with doping in the absence of any income other than KRW 20 million.

Accordingly, on April 25, 2012, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim’s wife I to the corporate bank account in the name of the Defendant’s wife.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning H's statement among the interrogation protocol of the defendant by the prosecution against the defendant

1. Application of each statute of a written agreement on equity, notarial deed, detailed statement of ordinary deposit transactions, and contract for construction;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim was punished by the defendant when the victim was smoothly agreed with the victim.