A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around October 2008, the Defendant made a false statement to the effect that, at a restaurant operated by the Defendant on the first floor of the Dongwon-gu Seoul Special Metropolitan City, Ansan-si, the Defendant concluded a contract with the victim C to supply to Hyundai Construction by entering into an agreement with the members D and three lots of land outside Ansan-si. The Defendant would return the land within three months on the face of the week to obtain permission.

However, the fact was that the defendant did not have entered into a land purchase contract to proceed with the Saturdays project and did not have any specific plan for the borrow pit project, and even if he received money from the victim, he did not have the intent or ability to operate the borrow pit project.

The Defendant received KRW 10,50,000 from the victim around December 2, 2008 and received total of KRW 33,20,000,000 from around that time to February 1, 2010 as indicated in the annexed crime list.

Accordingly, the defendant was given another person's property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A complaint;

1. A copy of payment confirmation;

1. Application of a copy of a victim's pocket book;

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 of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) (one month to one year) mitigation area (special mitigation person] (one month to one year) or where considerable damage is recovered [decision of sentence] the amount of fraud of this case is the larger amount, and the amount of damage of this case has not been repaid properly, it is inevitable for the defendant to punish the corresponding amount of punishment.

However, the fact that the defendant is starting to commit his crime and reflects, that the victim does not want to punish the defendant, that the defendant partially repaid the amount of damage to the victim by paying a certain amount every month.