A defendant shall be punished by imprisonment for a period of five months.

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

Criminal facts

On February 24, 2015, the Defendant entered into a contract with the victim D by receiving an order from the EF to receive an aggregate of power plants equivalent to 25 billion won.

D's false statement was made that D's C's 30,000 won was changed in return for the test to be able to receive subcontracting.

However, in fact, E did not have received an order from F to take a steel plant structure with an amount equivalent to KRW 25 billion, and even if the Defendant received KRW 30 million from the injured party, he did not have the intent or ability to have the injured party enter into a subcontract contract for the above framed works.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim to the bank account in the name of the Defendant’s child in the name of the third party on February 14:16, 2015, in consideration of the fact that the contract for subcontract construction was concluded.

Summary of Evidence

1. Partial statement of the criminal defendant (a denial of the criminal by fraud);

1. Statement of some of the statements made by the prosecution or the police concerning the accused in the suspect interrogation protocol (including D parts);

1. Statement made by the prosecution with respect to D (including the G statement part);

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to inquire about transfer details;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Type Decision] / General Fraud / [Special Sentencing Person] - [Determination in the sphere of mitigation] / [Determination in the sphere of recommendation] / [Scope of recommendation] 1 month or one year from 1 month to 3/1 year / Main Reasons for Suspension of Execution] - There are no criminal records above positive punishment - General Reasons for Suspension of Execution : According to the evidence of the judgment of the court below, according to the court below, the defendant misrepresented the position of Vice President E in the position of Vice President, although E was under a situation that it was impossible for E to clearly obtain construction from F, the defendant made a false statement to the victim on his/her will, and did not pay the amount of damage after the crime.