The defendant shall pay 110,00,000 won to the applicant C for the compensation.

The defendant is a person who has been engaged in a building business.

On June 16, 2015, at the new construction site office located in Jeju-si, Jeju-si, the Defendant concluded an entrustment agreement with the victim E, F, and F, an agent of the victim, setting the construction cost as KRW 577 million, with the victim’s agent, to the effect that “20% of the te, F, and F, to be responsible for and completed all the construction and management and completion of the sole house construction works located in G in Jeju-si, and the construction work is completed, 30% of the te, 40% of the te, the e, the e, and the 10% after the completion of the construction work.”

However, in fact, the Defendant did not have the intent or ability to complete the construction work of the said single house, because the Defendant had the tax in arrears in the amount of KRW 130,000,000,000, and the Defendant had been faced with the business difficulties, such as there was a debt amounting to KRW 400,000,000,000,000.

On June 17, 2015, the Defendant, as an agent of the victim, by deceiving the said E and F, received 110 million won as the deposit account in the name of the Defendant from the victim to the deposit account in the Korea Citti Bank in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the entrustment of construction management, estimates, bank transfer certificates, certification of the details thereof, Kakao Stockholm dialogue, on-site photographs, appraisal reports, and the details of each account transaction;

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

1. Reasons for sentencing under Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Basic area (one year to four years) of types 2 (not less than 100 million won, and less than 500 million won) in application of the sentencing criteria; and

2. The fact that the nature of the crime is not good in light of the method of the determination of sentence, the amount of damage, etc., and that no damage is recovered.