A defendant shall be punished by imprisonment for not less than eight 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

On March 10, 2019, the Defendant made a false statement to the victim C at the office at the construction site of the new construction site of a neighborhood living facility located in Gyeonggi-si B, the Defendant: (a) on March 10, 2019, at the victim C, that “the Government has been able to listen to viewing; and (b) the Gyeonggi-do Office has also been well aware of the fact.”

However, the defendant was aware that the land subject to permission was land owned by the victim as an individual and is impossible to dispose of the waste. Since he was unaware of the public official in charge of subscription to the Government and the Gyeonggi-do Office, he did not have any intention or ability to return the land with money from the victim or to allow the victim to obtain permission for the intermediate disposal business.

On April 13, 2019, the Defendant received KRW 200,000 from the victim in the name of the Defendant as entertainment expenses, from the E Union account (Account Number:F) in the name of the Defendant.

In addition, from around that time to May 5, 2019, the Defendant received total of KRW 34,500,000 from the victim as entertainment expenses, as shown in the attached list of crimes.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. C Application of the police statement statement by account, statement by account, and certificate of account by account;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] that there is no person who is less than KRW 100 million [the category 1] and less than KRW 100 million [the scope of recommendations and recommendations], and six months of imprisonment.