A defendant shall be punished by imprisonment for six months.

However, the imposition of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul High Court, and the judgment became final and conclusive on the 25th of the same month.

The defendant is the representative director of C corporation.

On August 18, 2015, the Defendant would be able to complete the construction of the Victim E in the Southern-gu, Nam-gu, Dong-gu, Dong-gu, Dong-gu, Seoul Special Metropolitan City, with container stuffs using Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul Special Metropolitan City.

By September 8, 2015, a false statement was made, stating that “The 60 million won should be paid as the first down payment to reduce construction work by September 8, 2015.”

However, the defendant corporation C had been in fact closed at the time, and even if the defendant received the down payment from the injured party, he was thought to consume it for his personal purpose, and there was no intention or ability to execute the last work.

The Defendant, as such, had the victim transferred KRW 60 million to the corporate bank account in the name of C, a representative of the Defendant, through F as the subcontractor at the construction site.

Accordingly, the defendant was given 60 million won to the injured party by deceiving the injured party.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness E;

1. Investigation report (Details of telephone call from a witness);

1. Data submitted by a complainant;

1. A construction subcontract;

1. A certified copy of corporate registry;

1. Business registration certificate;

1. A copy of bankbook;

1. Previous convictions in the judgment: Report on the result of confirmation of the previous convictions in the disposition, copy of the text of the judgment of Seoul High Court Decision 2015No3133, and copy of the text of the judgment of Seoul Central District Court Decision 2015 Gohap783, respectively;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.