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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 201, the Defendant stated that “A victim C, the subcontractor of F, may receive the remainder of construction amounting to KRW 150 million from the head office of F Co., Ltd., to the site manager of F Co., Ltd., the Defendant, at the construction site of the H project site located in Young-gun, Young-gu, Seoul Special Metropolitan City, and at the site of F Co., Ltd., the subcontractor of F, “I may receive the remainder of construction work equivalent to KRW 150,000,000,000,000,000,000.”
However, even if the defendant receives money from the victim as the use of the street funds, he did not have any intention or ability to use the F head office for the victim.
As such, the Defendant, by deceiving the victim as such, received from the victim, KRW 10 million in cash at the victim’s container stuff office located at the same site on August 201, 201, KRW 10 million in cash at the same place on August 201, and KRW 30 million in cash at the same place on September 8, 201, and KRW 50 million in total at the same place on September 8, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act on the Statement of Evidence C
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the deposit of 30 million won out of 50 million won, there is no particular criminal offense against the defendant, and considering the fact that the defendant acknowledges his mistake);
1. Social service businesses under Article 62-2 of the Criminal Act;
1. Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution;