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 October 2015, the Defendant made a false statement to the effect that “A victim E (47 years) (a) who engages in a construction business that he/she became aware of in advance from the D office of the Defendant’s operation (ju) in the building in Jeju-si, the Defendant would make a subcontract for the construction and painting of the construction work of a newly built collective housing with F, but only one month loans KRW 50 million to F, the Defendant would make a payment until November 25, 2015, and the Defendant would make a subcontract for the construction work of a newly built collective housing and painting construction work.”

However, in relation to the new construction project in Jeju City F, the Defendant is the executory company of the Defendant’s operation (State) but the contractor did not have the right of the Defendant to subcontract the construction project to the victim by the Corporation (State) while the Defendant did not have the right to subcontract the construction project, and there was no specific property and monthly income, and there was no intention or ability to repay the borrowed amount to the victim at the due date.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 47 million after deducting KRW 3 million from the prior interest from the account in the name of D around October 27, 2015 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H, I, and J;

1. Land trust contract for sale-type land;

1. Each certificate of borrowing;

1. Application of Acts and subordinate statutes to each investigation report (to telephone conversations with the head of each G field, verification of a certified copy of the real estate register, verification of the suspect's credit information, verification of source of borrowing funds by the complainant, telephone conversations with each victim, and

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. Article 62 (1) of the Criminal Act on the suspension of execution (including the reflection of the fact, the fact that there is no record of the same kind of crime, and the fact that there is an agreement with the victim);