A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around February 3, 2016, the Defendant and B made a false statement to the effect that “When the Defendant and B operate the D Co., Ltd. office in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, would subcontract the construction of excreta treatment plant by concluding a letter of understanding on the project of environmental and policy for the Seongbuk-gu, Chungcheongnam-gu, and the State Policy Project, they would make excreta treatment plant and lend the cost of civil engineering and survey.”

However, as the Defendant and B acquired the said D Co., Ltd. without any capital around January 2016, the Defendant was in a situation where it was impossible to construct the excreta treatment plant without subsidies from the State or local governments due to lack of expenses incurred in operating the company, and it was not possible to receive subsidies within a short period of time since it did not secure the cost of purchasing the site or the site for the construction of the excreta treatment plant. Thus, even if the Defendant borrowed money from the victim, it was thought that it would be used as funds for the operation of the said company, and there was no intention or ability to subcontract the civil engineering work to the victim.

In the end, the Defendant and B, as mentioned above, were accused of the victim and transferred KRW 20,000,000 from the victim to the G Association account in the name of Defendant A’s fatherF as the borrowed money.

Accordingly, the defendant and B conspired to deception the victim and received the property.

Summary of Evidence

1. Statement made by B in the first trial record;

1. Partial statement of each police suspect examination protocol against the accused;

1. Some statements concerning the suspect B in the police investigation protocol;

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

1. A copy of a bankbook, a written confirmation of the results of transfer of bank accounts, and a statement of account transactions in F;

1. Application of Acts and subordinate statutes of literary message pictures

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Social service order under the Criminal Act;