A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a substantial operator of the LA and the victim F is a removal company, and the victim F is a person who operates the GG.

On May 21, 2012, the Defendant, at the Gangnam-gu Seoul M&A office, has the victim receive the right of lease and operation of the Seoul M&A office from Seoul M&A office.

I made a false statement to the effect that it would subcontract the removal work of the aging facility to the third floor shopping mall by June 20, 2012, and that it would cause KRW 100 million to be a deposit.

However, in fact, the above I Station and the operator of the I Station were selected by the competitive bidding method, and there was no successful bidder until March 2012, and even if the defendant or defendant did not have any right to lease or operation of the I Station, he did not have the intent or ability to subcontract the removal of the I Station's facilities to the victim even if he did not receive the money from the victim because he did not have any right to do so.

On May 21, 2012, the defendant deceivings the victim as above and acquired 100 million won from the victim to the CT Bank account in the name of the LTBE.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Investigation report (in relation to the auction of the J-Ground shopping districts in the 3th line I, response to cooperation in the affairs of the Seoul Transportation Corporation);

1. Application of statutes on a copy of a contract for removal works and details of account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that a damaged person is not punishable by payment of the money equivalent to the amount of defraudation by the accused and only agreement with the victim);