A defendant shall be punished by imprisonment for six 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

On February 2, 2010, the Defendant made a false statement to the victim E from the office of the Hacheon-si, that “The Defendant would be the F representative director, and the F would be expected to develop and implement the apartment project at approximately KRW 18,00,00 from G G G G in the Hacheon-si. The Defendant would be entitled to the landscape construction project right equivalent to KRW 5,00,000,00 in the apartment complex. The Defendant would be entitled to the landscape construction project right in the apartment complex. The Defendant would give 10% of the F’s profits generated at the time of the creation of the apartment complex, and if it is not possible to grant the landscape construction right, he would pay it by June 10, 2010 when the purchase of the G site is completed.”

However, in fact, the defendant is not the F representative director, but the representative director of H who promotes the above apartment execution project, and is merely a person who assists in the work of proposing the implementation of the project and introducing investors. The landscaping Corporation was selected by the Corporation. At the time, the defendant did not have any authority to the landscaping Corporation. Since the implementation of the above apartment project is unclear at the time, the defendant did not have any intent or ability to grant the victim the right to operate the landscaping project even if he received money as a honorarium from the victim.

As above, the Defendant, by deceiving the victim, received KRW 11.85 million from the victim on March 9, 2010, KRW 5 million on March 18, 2010, KRW 5 million on or around March 18, 2010, and KRW 3.15 million on or around March 31, 2010, and acquired KRW 20 million in total as a honorarium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E and J police officers;

1. Application of Acts and subordinate statutes to investigation report (H representative director I telephone statement), investigation report (K phone statement in the Korea Land Trust Business Management Team);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] From six months to one year and six months [the decision of sentencing] is against the defendant, the defendant has no same criminal record, and the victim has discharged KRW 5,367,925.