Defendant

A shall be punished by imprisonment with prison labor for ten months.

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

Criminal facts

On September 20, 2008, Defendant A: (a) at the F restaurant located in Guro-gu Seoul Metropolitan Government, the Defendant entrusted the victim G with the construction right to the instant construction of the HH ground officetel (hereinafter “instant construction”). The Defendant, upon investing in the said construction, paid approximately KRW 2.5% out of the proceeds of KRW 2.1 billion to the land owner. To rapidly implement the construction, the Defendant said that the land price should be additionally paid KRW 100 million to the land owner, and that the deposit of KRW 100 million to the head of Tong-gu in the name of Dong-gu, Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant construction”).

In addition, on September 22, 2008, the Defendant called the victim on September 22, 2008 to the effect that “The land price shall not be deposited into the land owner account as the Defendant would pay the land price after directly talking about the land owner and the progress of construction, and deposit the land price of KRW 100 million with the Defendant’s account.”

However, in fact, even if the Defendant received KRW 100 million from the victim, it was not used as the land price of the instant construction project, but as it was intended to use the Defendant’s existing construction price and repayment of debt, etc., there was no intention or ability to pay the profits promised to the victim.

On September 22, 2008, the Defendant acquired 100 million won from the victim through the national bank account (L) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, J and B;

1. Each prosecutor's office and police interrogation protocol of the defendant, J, and B (including G statements);

1. Each police statement made to G, B, and I;

1. Application of Acts and subordinate statutes to each complaint, power of attorney, construction subcontract agreement, standard construction contract, copy of a note, copy of a passbook, use of money, and details of transactions of each passbook;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The circumstances to be considered as the reasons for sentencing under Article 62(1) of the Criminal Act.