A defendant shall be punished by imprisonment for four 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 person engaging in the Rotterdam construction business, and the victim C is a person who has entered into a contract for the Rotterdam construction with the Defendant to operate the Rotterdam Institute in the name of “E” on the 8th floor of the D building in Busan Dong-gu.

On June 22, 2016, the Defendant would complete the interior works of the Liberian Institute until July 26, 2016, on the part of the victim in the mutual infinite restaurant located in Busan Dong-dong-dong, Busan.

“A false statement” was made.

However, at the time, the Defendant was unable to pay the Defendant’s wages to the employees, and the money received from the victimized person was thought to be used for personal purposes, such as the payment of construction cost, repayment of obligations, food expenses, etc., other than the construction work, and thus, there was no intention or ability to allow the interior work even if receiving the money from the victimized person.

Accordingly, on June 23, 2016, the Defendant, by deceiving the victim, was transferred KRW 10 million to the Saemaul Treasury account (F) in the name of the Defendant on June 23, 2016, and KRW 20 million to the said account as part payments around July 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (an investigation of an enterprise that the accused has requested construction), investigation report (a confirmation of the criminal records of the suspect);

1. Application of Acts and subordinate statutes on construction contracts, letters, and account transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is [the scope of the recommended punishment] and the area of mitigation (one month to one year) (the area of special mitigation) is reduced (one month to one year), the punishment is not imposed, or damage corresponding to a considerable portion is recovered;

2. Circumstances unfavorable to the determination of sentence: The nature of the crime in this case does not be shorter than that of the crime in light of the circumstances leading up to the crime in this case. Circumstances favorable to the extent that the amount of damage is not specified: