A defendant shall be punished by imprisonment with prison labor for up to six 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

Around 17:00 on October 4, 2013, the Defendant made a false statement to the effect that, “In the case of lending money to a superior company as KRW 100 million is required in order to permit the removal of ground objects and sprinks in connection with the construction of housing sites for three parcels outside the FF in Sejong City, the Defendant would pay the money as a deposit and re-subcontract the said construction again, and if the construction is not commenced by November, the Defendant would immediately return the money borrowed without the commencement of the construction.”

However, even if the defendant receives money from the victim, only a part of the above money is paid as a deposit, and the remainder is thought to be used for personal purposes, so there is no intention or ability to return the deposit even if the Corporation does not begin.

Nevertheless, the Defendant, as above, was accused of the victim, and was transferred from the victim to the Gwangju Bank account in the name of the victim for contract rent, KRW 20 million around October 2, 2013, and KRW 70 million around October 8, 2013, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint filed by E;

1. The standard contract for construction works, the standard contract for private construction works, the copy of passbook, the certificate of borrowing, the certificate of contents, and the account details;

1. A report on investigation (report accompanied by a written judgment) - Application of the statute governing the judgment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Fraud (less than KRW 100 million) is mitigated (one month to one year) (special mitigation) or where considerable damage is recovered [decision of sentence] under the sentence of imprisonment for six months: there is no same kind of power; there is no same kind of power; there is no smooth agreement with the victim; and there is no disadvantage to the victim.