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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 10, 2016, the Defendant: (a) entered into a standard subcontract agreement for construction works with the content that “the contract amount of 780 million won to the contract amount of 780 million won; (b) from April 21, 2016 to October 30, 2016, the Defendant would faithfully perform the subcontract agreement for temporary and steel reinforced concrete construction works among the multi-use officetels construction works in Pyeongtaek-si; and (c) entered into a contract with the victim to receive a subcontract for some of the construction works of the multi-use officetels construction works on the said State.

However, in fact, even if the Defendant received a subcontract for the construction project and received the payment of the specific construction cost, such as the construction cost, depending on the nature and height of the damaged party, the Defendant, as the bad credit, voluntarily consumed the shortage of financial resources as the bad credit, for other purposes, such as the repayment of the labor cost for other construction sites unrelated to the said FF project, and had no intent or ability to proceed with the construction project pursuant to the agreement, even if the Defendant received the construction cost due to the lack of financial resources to bear all necessary expenses for the said FF project.

As such, the Defendant, by deceiving the victim, was transferred to the Defendant’s designated account four times from the date of damage, KRW 220 million, including the total construction cost of KRW 15 million, in the name of payment of personnel expenses, from May 25, 2016 to July 7, 2016, including KRW 15 million, in the name of the establishment of the penter on April 22, 2016, KRW 44 million under the name of the establishment of the penter, May 17, 2016, and KRW 220,15 million under the name of payment of personnel expenses, from May 25, 2016 to July 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The area of mitigation [10 months - 2 years and 6 months] - Special mitigated persons: The victim is not subject to punishment (the part of damage).