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

Punishment of the crime

On April 25, 2012, the Defendant entered into a contract with the constructor to build a factory of F Co., Ltd. at the amount of KRW 250 million due to civil engineering works (such as earth and sand works, retaining wall works, reinforcement soil works, irrigation works, packing works, appurtenant works) in E forest and land (such as 40 million won and total construction cost of KRW 650 million, and paid KRW 35 million on June 28, 2012, and completed the reinforcement works by five times in total by May 14, 2013, with the amount of KRW 153 million paid from the victim as the amount of civil engineering works.

On June 27, 2013, the Defendant concluded that “In order to start the construction of a building, the Defendant would have to keep materials, such as steel bars, etc. necessary for the structural construction in advance, from the victim’s office, the president of the FF corporation located in G at Paju-si, Paju, requested the victim to first undertake the construction of the building.”

However, the defendant still did not have the intent or ability to use for the construction of a building, such as structural construction, even if he received money from the victim as the name of the construction cost of the building because the defendant still did not pay a mid-term rental fee or labor cost used while performing civil construction works

Ultimately, the Defendant, by deceiving the victim as above, received KRW 99 million in the name of the construction cost of the building from the victim on July 1, 2013 from the victim, to the passbook in the name of H (Account Number I).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, J, K and L;

1. Each construction contract, each tax invoice, and copy of a bankbook;

1. Application of statutes on site photographs;

1. The Defendant, on the ground that the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act regarding the Defendant’s assertion of imprisonment option, the charge of this case is denied on the ground that the Defendant had already received KRW 9 million as the cost of civil construction

However, according to the above evidence, D.D.