A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The defendant is the representative director of the Corporation D, who has operated the cafeteria at the construction site.

On September 6, 2012, the Defendant made a false statement to the effect that “The Defendant would allow the victim F to operate a boom restaurant at the site of the construction from the scco construction in charge of the construction of the scco construction in the scco construction in the construction site of the scco construction in the scco construction site of the scco construction in the scco construction site of the scco construction site of the scco construction in the Gu, 3608 office of the E building A, the Gu.”

However, in fact, the defendant did not have the intention or ability to transfer the right to operate the restaurant even if he received money from the victim because he did not have obtained the right to operate the restaurant from the king design of the KCAB in the construction site development project zone of the 2nd KCAB-3 district, 657-2 district of the king-dong, Gyeonggi-do, which is located in the housing site development project zone.

As such, the Defendant, by deceiving the victim, received KRW 50 million from the victim, as the down payment on September 6, 2012, and received KRW 30 million as the intermediate payment on October 5, 2012, and acquired KRW 20 million in total as the intermediate payment on October 6, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Fraud (at least KRW 100,000, less than KRW 500,000) (from October to February), the area of mitigation (at least KRW 100,00) [Special Mitigation] (at least KRW 10,000, KRW 20,000] of punishment, or where considerable damage was recovered (at least 10,000 won of imprisonment: 10 months of suspended sentence: 2 years of suspended sentence] of the Criminal Act,