A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2] On April 28, 2017, the Defendant was sentenced to a suspended sentence of two years of imprisonment for fraud, etc. at the Seoul High Court, which became final and conclusive on May 8, 2017.

[Criminal facts] The defendant is a person who operates D Co., Ltd. in Seo-gu Incheon City as a representative director.

1. On December 15, 2014, the Defendant entered into a contract for construction work with the intent to pay KRW 20 million for the construction cost on the face of a week upon completion of the construction of pipes to the representative director of the Victim G, a government-funded E development project at the site of the F Corporation in Gwangju Mine-gu, Gwangju, with the purport that the Defendant would pay KRW 20 million for the construction cost on the face of a week.

However, the defendant did not have the intent or ability to pay the construction cost.

The defendant deceivings the victim as above and thereby acquired the pecuniary gains equivalent to the same amount after completing the construction work equivalent to 20 million won from the victim.

2. On January 27, 2015, the Defendant entered into a contract for construction works with the purport that he/she would pay 11,899,000 won for the construction cost on the face of a week after completing the construction of pipes installed within pipes installed within a government-funded construction work, which is a government-funded construction work, to H by the representative director of the same victim at the Yansan-gu Seoul Special Metropolitan City.

However, the defendant did not have the intention or ability to pay the construction cost.

As above, the defendant deceivings the victim as above and completed the construction work equivalent to KRW 11 million from the injured party and acquired the pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Each standard contract;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, case search, and judgment (Seoul High Court Decision 2016No 3134)-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;