A defendant shall be punished by imprisonment for one year.

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

(e).

The defendant is the representative director of the D Co., Ltd. established for the purpose of construction business in Ansan-si, Seoul.

On September 30, 2016, the Defendant: (a) around September 30, 2016, at the coffee shop located in Ansan-si, Seoul Special Metropolitan City, the victim E, “from October 31, 2016, the Defendant is scheduled to perform reclamation works using Young Power Power Plants and Coal Slurgs (hereinafter “instant real estate”) from the F. 21 lots (hereinafter “the instant real estate”). A approximately two million cubic meters of coal slots are anticipated to be necessary; (b) the cost of transportation is expected to be paid KRW 5,00 per one cubic meter. If the Defendant paid KRW 300 million with the performance bond, the Defendant would have the right to transport coal slots. If the performance bond paid is returned within two months after the commencement of construction works, and if the progress of the construction works is delayed, he/she will immediately return the performance bond.”

However, the Defendant was dissatisfied with the contents of the sales contract with the owner of the instant real estate, and the instant real estate did not secure the method of paying the purchase price, but did not apply for permission to engage in development activities on the instant real estate to the Cheongjin-gun Office, the competent administrative authority, even if the Defendant was to receive the performance guarantee, there was no intention or ability to give the victim the right to carry out reclamation works from October 31, 2016.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred from the victim to the G Bank Account (H) under the name of the victim D Co., Ltd., to KRW 30 million on September 30, 2016, KRW 70 million on October 4, 2016, and KRW 18 million on October 7, 2016, and KRW 80 million on October 7, 2016.

Summary of Evidence [2018 Highest 4713]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement of entry and departure transactions, each transport contract, and a joint agreement;