On October 2, 2013, the Defendant entered into a construction work agreement with the victim D with the purport that “on the face of KRW 114 million in total construction cost, from October 4, 2013 to December 20 of the same year, the Defendant would construct one unit of household housing (30 square meters) with the victim at the scene of the building work in the victim D located in the Dondo Gun, Namdo.”

When the construction cost was insufficient while performing the construction work at the above site in accordance with the above construction work contract, the Defendant concluded the remaining construction work on November 8, 2013 to the effect that the victim would pay the remaining amount of KRW 34.2 million to the victim at a place where the location cannot be known.

However, the Defendant did not have any intent or ability to complete the construction even if he/she receives any balance from the injured party as a result of the lack of funds to complete the remaining construction due to the circumstance that he/she should pay the balance to the injured party as personnel expenses for the existing construction work.

Nevertheless, the Defendant received KRW 10 million,00,000,000 from the injured party to the Agricultural Cooperative Account (F) in the name of Defendant E, as a construction cost, and KRW 34.2 million in total, around September of the same month.

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

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on construction contract, inquiry of transaction details, statement of transaction details of ordinary deposits, payment note, and account transaction details;

1. In a case where a person commits an intentional act of deception with negligence (one month to one year), or the degree of deception is weak (in a case where a person subject to special mitigation) in the reduction area (one month to one year), the applicable law of criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommendation] general fraud (the scope of recommendation]. In a case where a person subject to special mitigation commits an intentional act of deception, or where the degree of deception is weak (the decision of sentence], there is no record of punishment for the same crime