A defendant shall be punished by imprisonment for not less than eight months.

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

On March 2009, the Defendant would be entitled to subcontract a breakwater port construction from EF to the victim D at the C office in the operation of the Defendant located within the Ansan City Corporation.

A false statement was made to "The activity cost of KRW 10 million is required."

However, even if the defendant received KRW 10 million from the injured party, he was thought to use it to pay his personal debt, and there was no intention or ability to allow the injured party to subcontract the harbor construction with F.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim, as activity expenses around March 25, 2009, from the victim, and received KRW 60,80,000 from that time on September 28, 2012, in total, 16 times, as shown in the list of crimes in attached Table, from September 28, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation report (the result of execution of a warrant of search and seizure 2017-429);

1. Application of the Acts and subordinate statutes notifying data on financial transaction status;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines (the type of punishment shall be decided on the basis of the sum of the amounts of fraud, in cases of concurrent crimes of the same kind of fraud crime) / [the type of punishment] below the amount of less than 100 million won in general fraud / [the person subject to special sentencing] mitigation area: Non- source of punishment [the area of recommendation and the scope of the recommended punishment] mitigation area; one month to one year;

3. Grounds for probation [Main reasons for probation] positive: Non-taxation (General reasons): The defendant has no criminal record of a stay of execution or more, and his age.

4. The crime of this case by which the sentence of sentence is to be pronounced can be ordered to be executed by the victim.