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

The Defendant, while engaging in the building business from July 2013 to December 2, 2013, is a person who is responsible for the construction of a new building No. 301 (hereinafter “instant housing”) located in Yeongdeungpo-gu E at the time of the project owner D’s Suwon-gu.

The Defendant, around November 18, 2013, at the F Licensed Real Estate Agent Office located in Young-gu, Suwon-si, Suwon-si, the Defendant is able to complete the instant housing construction by December 23, 2013, to the victim G who arranged the lease contract of the instant housing. The progress is delayed due to the shortage of construction funds.

If the Corporation loan KRW 120,000,000 for the Corporation's funds, the Corporation shall be completed with the money, and upon completion, the lessee to move into the house of this case shall pay the lessor the remainder of KRW 117,00,000,000 to D, and D, upon receiving the deposit from the lessee, immediately after receiving the deposit from the lessee, paid the Defendant a balance of the Corporation's funds. Accordingly, D shall pay the Defendant with this money.

“........”

However, in fact, the Defendant did not receive the construction cost according to D and C, the owner of the instant housing, but concluded a contract with D to receive the remainder of the construction from D after the Defendant completed the construction with the Defendant’s funds. It would be difficult for the Defendant to complete the instant housing construction without any specific funds or assets. However, the Defendant attempted to first put into the instant housing construction project, other than the instant housing, in exchange for money from the victim due to the lack of other housing construction cost, which was undertaken with the instant housing construction project. In short, the Defendant could not complete the instant housing within the said period, even if he could not complete the instant housing within the said period, but did not have any intent or ability to repay the money to the victim within the period agreed to by the victim even if he/she borrowed money from the victim.

The Defendant, as such, deceiving the victim, and deceiving him from the victim on November 18, 2013. < Amended by Act No. 6314, Oct. 18, 2013>