A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On October 31, 2017, the Defendant was sentenced to one year of imprisonment and three years of suspended execution for fraud at the Jeju District Court, which became final and conclusive on November 8, 2017.

Around March 2013, the Defendant, at the office operated by the victim D in the Seocho-gu Seoul Metropolitan Government B building C, concluded that “E would be ordered from Malaysia to take the construction of a fake optical cable duct, and divided into four sections, and the degree of two sections among them could be allowed to take part in the construction site. It is necessary to have KRW 300 million and reduced to KRW 200,000. It is necessary to have the performance bond reduced to KRW 30 million. It is necessary to deposit the performance bond with KRW 30 million.”

However, in fact, the limited partnership company E, in which the defendant was the representative director, did not have ordered the construction of the Malaysia cable duct at the time. Since the limited partnership company E had already been cancelled ex officio around 2009, the victim had no intention or ability to permit the construction of the Malaysia cable pipeline even if he received money from the victim as the down payment for the performance guarantee, the victim was considered to have received money from the victim as the down payment for the performance guarantee and used for personal purposes such as repayment of debts and living expenses.

Around April 2, 2013, the Defendant, by deceiving the victim as above, received KRW 25,40,000 from the victim as the down payment for the performance guarantee to the Agricultural Cooperative Account under his/her name.

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol prepared by the prosecution against F (including a substitution);

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to a certificate of cash custody and a statement of savings deposit transactions;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between the crime and the crime for which judgment has become final and conclusive on November 2017);

1. Article 62 (1) of the Criminal Act;

1. Order of community service;