A defendant shall be punished by imprisonment for not less than eight months.

However, 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 October 29, 2010, the Defendant told the victim C, operated by the victim C in the second floor of the Seocho-gu Seoul Metropolitan Government D Building, that “it is necessary for the victim to receive the removal of the G factory in Incheon. It is necessary to pay the cost to the victim for the removal of the G factory in the Incheon F. It is also necessary to enable the victim to perform the removal work on his own face.”

However, the defendant did not have any authority in relation to the contract for the removal of a G factory, and even if he received money from the victim, he did not have the intention or ability to use it as cost for the conclusion of the removal work.

Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) obtained the victim’s money from the victim to receive KRW 20 million on January 4, 2011; (c) KRW 5 million on January 20, 201; and (d) deposited KRW 5 million on January 25, 201 into the Defendant’s account respectively; (b) obtained KRW 20 million on March 10, 201; and (c) acquired KRW 4 million on March 13, 201, respectively.

Summary of Evidence

1. Statement made by C by a witness in the sixth trial records;

1. Some of the statements made to the police and the prosecutor's office concerning the accused (including the part concerning the statement made toC);

1. Statement of the police statement regarding C;

1. A complaint;

1. A copy of the joint project agreement and a copy of the removal project agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order, is that the Defendant was aware that he did not have any authority over the removal contract of this case at the time of the crime of this case, such as where he obtained money from H with respect to the removal construction contract of this case from April to May of the same year.

In addition, the remaining money excluding some money paid to I, in particular, the use of the fraud of this case.