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

[2013 Highest 994]

1. On January 7, 2011, the Defendant concluded a construction contract with the owner of a building on a tourist accommodation facility (mast G hotel) located in F at the time of inland approval, with the victim E, at the D Company’s office in Seocho-gu Seoul Metropolitan Government, that “The Defendant changed the construction cost to KRW 16 million in the subcontract.”

However, the defendant did not have an intention to subcontract the construction work even if he received money from the victim because he did not have concluded the construction contract with the above owner.

As such, the Defendant, by deceiving the victim, was transferred KRW 16 million to the new bank account (H) in the name of the Defendant.

[2013 Highest 2204]

2. Around December 10, 2010, the Defendant, at the D Company office operated by the Defendant on the fourth floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government building C, sentenced the victim I to the new construction of G hotel in Gyeonggi-si, Gyeonggi-si, and the G hotel F. The Defendant made a false statement that “The construction of the G hotel in Gyeonggi-si, Gyeonggi-si, and Gyeonggi-do.”

However, there was no intention or ability to subcontract the above construction work, and there was no intention or ability to subcontract it.

As such, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the new bank account (H) in the name of the Defendant on the same day, and had K, which introduced the victim and the Defendant, pay KRW 7 million through J, which is the seat of the victim.

Summary of Evidence

1. Statement of each of the accused in court;

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

1. The I statement concerning the suspect of the defendant in the police investigation protocol;

1. A protocol concerning suspect examination of L;

1. Each police statement made to E and I;

1. An investigation report (report on hearing of statements for reference), an investigation report (Attachment to a business agreement on the delivery of statements for reference), written consent to the provision of financial transaction information and reply, documents related to the approval of a business plan for a tourist accommodation facility, each complaint book, deposit without passbook, each construction contract, construction contract, loan certificate, loan certificate, cash storage certificate, and other related documents;