A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Part of the facts charged is revised to the extent that it does not impede the exercise of the defense right.

On January 21, 2015, the defendant was sentenced to the suspension of the execution of imprisonment for two years with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Suwon District Court on Bupyeong Housing Site, etc., and the above judgment was finalized on January 29, 2015.

On September 2014, the Defendant made a false statement to the victim E that “If 30 million won exists, 30 million won will be adjusted and resumed the construction work” (the content of the agreement to divide construction profits into 5:5 by the progress of a joint project agreement). The Defendant made a false statement to the victim E that “If 30 million won is extended, 30 million won will be awarded a subcontract for the construction of a new officetel.”

However, in fact, the Defendant was a bad credit holder and was liable for 1.3 billion won without any specific property. The Defendant did not have any intent or ability to resolve F-mortgage (B-mortgage 125 million won), which was established in the construction site of the above Dtel, and approximately KRW 96 million of existing overdue wages. Even if the Defendant borrowed KRW 30 million from the victim, the Defendant did not have any intent or ability to resume the construction, to give a subcontract for the structural construction, or to secure profits by carrying out a joint project.

Nevertheless, on September 15, 2014, the Defendant received KRW 10 million from G upon the request of the victim to the same account in the name of H on September 15, 2014, and KRW 20 million from the victim to the same account on September 19, 2014.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, E, and I;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. J Binding bars, a certificate of borrowing, a joint agreement, a certificate of mutual implementation, a certificate of content, a certificate of performance of transfer and acquisition of land and business rights, a fact confirmation, a certificate of deposit transaction records, a fact confirmation, and support for thousands;