The punishment of the accused shall be four months by imprisonment.

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

Punishment of the crime

“The 2015 Highest 2200” C is a person who actually carried out the D/E located in the D. 304 building in Y, and the Defendant is a person who has carried out the regular activities of the said ( state) E.

The Defendant and C (hereinafter referred to as the “Defendant, etc.”) concluded to obtain money from the victim F as the down payment for the subcontract for the removal work, and the Defendant introduced the victim himself as the external third village of the ordinary interest C of the Plaintiff (State) on November 2014, to the effect that “The removal work may be performed within one week, and the down payment may be changed.” On November 8, 2014, the Defendant and C made a false statement to the effect that “the victim will make a subcontract for the removal work inside the H building, so he/she may make a subcontract for the removal work within one week” to the victim at the office of Jongno-gu, Seoul, Seoul, and C made a false statement to the effect that “The down payment will be made because he/she will make a subcontract for the removal work inside the H building.”

However, the Defendant et al. did not have any intent or ability to subcontract the removal of the “H building” to the victim.

Nevertheless, the Defendant, etc., by deceiving the victim as above, received KRW 15 million as a check on November 8, 2014, and KRW 5 million as a patrol check on November 2014, and received KRW 1 million as a business expense around November 27, 2014, and transferred KRW 1 million as a business expense to the Defendant’s son’s account around December 9, 2014.

Accordingly, the defendant et al. was delivered KRW 22 million in total as contract deposit and business expenses by deceiving the victim in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the fourth public trial protocol;

1. A protocol concerning the examination of suspect of the police against J;

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

1. Application of Acts and subordinate statutes to a copy of the contract, or a copy of passbook transaction;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [the types of decisions] fraud;