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

On May 2012, the Defendant told the victim E to undertake construction work of the construction work of the used cars trading complex at the office of (ju) DD operated by the Defendant located in Gangnam-gu Seoul, Seoul, that “A city with a size of KRW 40 billion is currently being under construction work of the F used cars trading complex at the cost of KRW 40 billion. At present, the design drawing was completed, and the deliberation committee was requested to pass the deliberation committee, the deliberation committee should pay to the deliberation committee, and (b) if the deliberation committee intends to pass the deliberation, the Defendant would give the Plaintiff the construction work of the above trading complex construction work to the State.”

However, in the process of design deliberation, which is the pre-stage stage for the construction deliberation, the Defendant had already been returned from the viewing of the prime cost, and it was unclear whether the said new construction works could normally be performed by the viewing of the prime cost, such as there was no application for construction deliberation, authorization, and permission. The Defendant only intended to use the funds received from the victim for the office rent, office rent, employee monthly pay, and personal expenses, and did not have the purpose of using the funds for the street. Therefore, even if the funds were received from the victim, the Defendant did not have the intent or ability to receive the said new construction works.

Around May 30, 2012, the Defendant received KRW 70 million from the victim to the national bank account (number: H) in the name of the Defendant.

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

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness E;

1. An interrogation protocol of the accused by the prosecution (including E and I substitute part);

1. Application of Acts and subordinate statutes on the receipt of cash storage, a memorandum of performance, and details of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution of sentence Article 62(1) of the Criminal Act provides that the victim shall have paid the amount of damage and the victim shall not want the punishment.