On July 10, 2013, the Defendant stated that “The Defendant would pay KRW 142 million for the construction cost after receiving a loan from the victim D as security at the face of Dagra A-dong 501 after the completion of the construction work on the site of the Songpa-gu Seoul Metropolitan Government C loan reconstruction construction work.”

However, the Defendant had no particular income and assets at the time, and the above 501 was sold to E around June 25, 2013, which was before the victim entrusted the construction work, and the intermediate payment was received. Therefore, even if the victim completed the construction work, there was no intention or ability to pay the construction cost normally.

Nevertheless, even though the Defendant deceiving the victim as above and caused the victim to complete the said stone construction work from July 10, 2013 to August 25, 2013, the Defendant did not pay the said stone construction cost of KRW 142 million and acquired property benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Standard subcontract agreement for construction works;

1. Letter of payment;

1. Application of Acts and subordinate statutes on construction contract;

1. The relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act (Selection of Imprisonment) [the scope of recommending punishment] In the case where a person commits willful act of deception in the mitigated area (10 million won or more, or less than 500 million won) (10 to February 6) of the mitigated area (10-20), or the case where the degree of deception is weak [the decision of sentencing] of this case, the sentencing criteria for this case are as above.

As the amount of damage in this case is very large to KRW 140 million and the damage in this case is not recovered, it is inevitable to sentence the defendant as a sentence.

In determining the sentence, the criminal intent of the defendant seems to be relatively incomplete, and reflects his fault, and the circumstances favorable to the defendant such as age, character, behavior and environment are also favorable to the defendant.