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

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[criminal record] On April 29, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu District Court on May 18, 2010. On August 12, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Chuncheon District Court, and the judgment became final and conclusive on October 29, 2015.

[Criminal facts] The defendant is a construction company's site director, and the victim C is an employee of the Dispute Resolution Co., Ltd.

D The LAB and the LABE, around September 13, 2012, shall jointly receive construction works for extension and repair of “G hotel” located in Gangnam-gu Seoul Metropolitan Government F, under the condition that “the total construction cost of KRW 1.4 billion and the date of completion of the construction” is “1.4 billion and January 22, 2013,” and the Defendant was in charge of the said construction works at the EAB, and the victim was in charge of the said construction works at the EA.

On November 7, 2012, the Defendant: (a) at the above G hotel, it is better to lend the construction cost to the owner of the building and repay the construction cost to the owner of the building, with the payment of the loan; (b) on November 7, 2012, the Defendant stated that “I will repay the loan to the owner of the building after receiving the payment of the loan; and (c) H would not lend the loan to the owner of the building; (d) however, H would not lend the loan to the owner of the building without including the person in charge of the dispute resolution.”

However, in fact, the Defendant borrowed money from H and thought that most of the money was used for personal purposes, such as repayment of debts, not construction expenses, and that there was no particular property or income in bad credit condition.

The existing obligation for the construction was economically difficult, and even if the above hotel was paid with money, it was not thought to be used in the repayment of the above loan, so even if it was borrowed money from H in the name of the victim and the joint owner, there was no intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and let the victim borrow KRW 100 million from H in the joint name of the defendant on the same day.