A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On June 16, 2015, the Defendant concluded a contract for construction with the victim on the following condition: (a) on the victim C’s house located at the macro-si B, the Defendant concluded a contract for construction with the victim on the condition that “the Defendant will newly construct and take a house on June 16, 2015, after starting the construction work on the condition that the advance payment shall be KRW 130,000,000 in total, KRW 50,000,000 in advance and KRW 50,000 in advance, and the remainder payment shall be paid upon the completion of the construction work.”

However, in fact, the defendant did not have the ability to carry out the construction work at the time, and even if he received the construction payment, he did not have the intention or ability to complete it even if he received the construction payment from the injured party who would prevent the so-called return.

Nevertheless, the Defendant received 10 million won in total from the injured party as payment for the construction work on June 16, 2015, KRW 50 million on July 11, 2015, KRW 40 million on July 24, 2015, KRW 150 million on August 11, 2015, and KRW 110 million on four occasions, including KRW 15 million on August 11, 2015, and acquired it through the Defendant’s agricultural bank account in the name of E (F).

2. On August 7, 2015, the Defendant concluded a construction contract with the victim on the following terms: “The Defendant, at the H Company’s office located on the first floor below the G Building, concluded a contract for construction with the victim on the condition that “The contract amount shall be KRW 3.1 million in total, and the contract deposit shall be KRW 2,000,000 in total, and the intermediate payment shall be paid within five days after the completion of the structural frame, and the remainder amount shall begin on August 10, 2015 if the contract for construction is concluded on the condition that it shall be paid after the completion of the construction work, and shall be newly constructed a detached house at the J by December 10, 2015.”

However, in fact, the defendant did not have the ability to carry out the construction work at the time, and even if he received the construction payment, he did not have the intention or ability to complete it even if he received the construction payment from the injured party who would prevent the so-called return.

Nevertheless, the defendant belongs to this.