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

However, the execution 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 2015, the Defendant selected the victim C as the contractor and requested the victim C to pay the steel bars first at the construction site, after being delegated by the owner of the building with the right to select the contractor for the construction of the complex complex on the main building constructed on B and one parcel outside of B at the border port of North Korea.

However, even if the defendant received money from the injured party, he thought that he will use it as personal debt repayment and living expenses, and he did not intend to use it as the hardware in the above construction site.

Nevertheless, on March 6, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the Defendant’s national bank account (D) in the name of the Defendant; and (c) received KRW 10 million from the same account around March 11, 2015; (b) around March 31, 2015, KRW 7 million from the national bank account (F) in the name of the Defendant’s creditor; and (c) received KRW 30 million from the same account around April 14, 2015, in total, four times, including KRW 30 million from the same account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A complaint (C) and a written confirmation (G);

1. An investigation report (G telephone conversations), an investigation report (data submitted byG facsimile), an investigation report (C and A telephone report);

1. Application of the delegation contract for the procurement of construction costs and the selection of execution rights, the modification of the construction works and the additional procurement agreement for construction costs, remittance details, payment order, transaction details in the name of E, and the details of transaction in the name of A

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of Recommendation] General Fraud (less than KRW 100 million) is subject to mitigation (one month to one year) (special mitigation factors) or considerable damage is recovered.