A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 10, 2010, the Defendant made a false statement to the victim in the victim C's house located in Yongcheon-si, Yongcheon-si, stating that " will complete the new construction of 85 million won of construction cost to the victim" in the victim C's house located in Yongcheon-si.

However, since the defendant has been liable to pay 100 million won at the time, even if he has received construction payment from the victim, he thought that he will use it for personal purposes, such as repayment of personal debts, and did not have the intent or ability to newly construct a stable by the victim.

On August 11, 2010, the Defendant acquired 35 million won from the victim as the compensation for construction work, 5 million won around October 21 of the same year, and 10 million won in total around October 29 of the same year from the victim to the new bank account in the name of Dong-based DNA.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of construction contract and a copy of passbook transaction;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Although Article 62-2 of the Social Service Order Criminal Act does not have a significant damage to the grounds for sentencing and has a record of being sentenced to a suspended sentence for the same kind of crime, some of the construction works have been performed, the victim has paid 20 million won out of the amount of damage and agreed that the remainder has been repaid in installments for two years, taking into account the favorable circumstances that there has been no previous conviction after 2005, the scope of recommended sentences according to the sentencing guidelines (type 1 (type 1-1 (less than KRW 100 million), the scope of recommended sentences according to the sentencing guidelines (type 1-1 (less than KRW 100,000), the person who has been subject to special mitigation: the person who has not been punished)