A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On May 15, 2016, the Defendant defrauded KRW 10 million in the name of the contract deposit for civil works and restoration works, which is the name of the contract deposit, by fraud, the victim E stated that “The victim E is the prop of a mountain in Gangnam-si, and is in progress with permission for development activities from Gangnam-si, and it will be completed around August 2016.” On the completion of the construction, the construction should be carried out immediately, and the construction should be carried out civil works and restoration works, and the contract deposit for the construction shall be changed to KRW 10 million.”

However, as the owner of the above mountain, the Defendant entered into a contract with the construction company for gathering earth and sand necessary for G road construction as the main owner of the above mountain, and did not have any authority for the gathering and restoration of earth and sand conducted by the above H. Therefore, even if the Defendant received the down payment from the injured party, the Defendant did not have any intent or ability to take charge of civil and restoration works.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the foreign exchange bank account in the name of the Defendant on May 17, 2016 as the down payment from the victim; and (c) obtained the money from the victim.

2. On May 18, 2016, the Defendant, who acquired KRW 3 million with I, calls from the victim listed in the above paragraph (1) at a light place on May 18, 2016, and “Before all times, he/she entered into a contract with I for restoration work and received KRW 3 million in advance with I, who would first enter into the contract with I and receive KRW 3 million. In order to reverse the contract with I and implement restoration work to the victim, he/she shall not be able to search for the construction site and proceed with the construction work by driving with I. However, I would not be able to find it at the construction site, and if I would have borrowed money to receive penalty from I, I would have borrowed money and made a false statement.

However, since the defendant did not have a contract with I for restoration work, he did not intend to use the above money as a penalty, and only he did not reach KRW 230 million.