A defendant shall be punished by imprisonment for not more than ten 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 April 2013, the Defendant: (a) did not agree to remove or conclude a contract with D, an operator of “C”, to remove a factory building located in North Korea-gun E, owned by the said stock company; (b) notwithstanding the fact that the Defendant, as if he had the right to remove the above factory building, did not have agreed to do so, he/she would have the right to acquire money from G through F to remove the said factory building in return for scrap metal, etc. from the site of removal.

In short, G refers to the transfer of KRW 20 million to a corporate bank account (Account Number I) in the name of the Defendant to the victim H of the said building at a mutual convenience store near the Jeonju Station on April 15, 2013, when G presents a removal construction contract between the Defendant and G with respect to the said building, and the victim transferred KRW 20 million to the said account around April 16, 2013.

Accordingly, the defendant deceivings the victim through F and G, thereby deceiving 20 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A written contract, a certificate of seal imprint, and a statement of account held by suspect;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (certified copy of the register of a corporation C), criminal investigation report (K telephone conversations for a witness), criminal investigation report (T telephone conversations for a witness), investigation report (D telephone conversations for a corporation representative director C) and criminal investigation report (D telephone conversations for a corporation);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Imprisonment with prison labor for not more than ten years;

2. Six months to one year and six months (basic area) of imprisonment with prison labor for the scope of punishment recommended;

3. The crime of this case committed by the Defendant was committed in the absence of any contractual relationship with the owner company of the factory building, thereby deceiving the victim, even though the Defendant did not have the right to remove the factory building.