A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 1, 2010, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud and on March 3, 201, and the said judgment became final and conclusive on March 3, 2011.

The Defendant is the actual operator of C Company.

On December 25, 2009, the Defendant displayed a written contract for the prop joint business of the F apartment in Seo-gu Incheon Metropolitan City to the victim E at the office of the Co., Ltd. located in Seocho-gu Seoul Metropolitan Government D building 305, and falsely stated that “A Co., Ltd., in Incheon Metropolitan City, intended to implement the reconstruction of the F apartment in the Seo-gu Incheon Metropolitan City City, Incheon. The subcontracting site of the removal construction work may be changed to 30 million won. The construction shall begin within 3 months, and the down payment shall be immediately refunded if the construction is not in progress.”

However, the above F apartment reconstruction project was revoked on February 5, 2008, and around June 2009, G which entered into the above prop joint project contract with the defendant and the defendant around June 2009 was already dismissed from the position of the president of the association around March 2008, and the above prop joint project contract was concluded with G who was not the F apartment reconstruction association, and became effective after H was selected as the contractor and was approved by the union. However, since H had already been cancelled on July 2009 due to H’s withdrawal of participation in the project, the defendant had no intention or ability to remove the victim.

The Defendant, by deceiving the victim as such, received 20 million won from tin to 10 million won in the name of the contract deposit for removal from the victim, and around January 7, 2010, remitted 10 million won to I’s account of the president of C&A.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Statement of each police statement of G and E;

1. The head of a complaint (including the part attached to the joint business contract, etc.), the request for cooperation in investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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

1. To treat concurrent crimes;