A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On September 11, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Gangnam Branch of the Chuncheon District Court on September 11, 2012; on January 20, 2013, the execution of the sentence was terminated in the Gangnam Prison. On August 13, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and three months in the same court, and is currently in the appellate trial.

【Criminal Facts】

1. Around 14:00 on October 5, 2013, the Defendant entered into a construction contract with the victim K, who tried to build three studio in Hongcheon-gun L, stating, “The victim K will be placed at KRW 53 million in the stud-down stud-off stud-off construction, the stud-off construction, the stud-off construction, the stud-off construction, and the straw-up construction,” and said, “the victim will be completed as soon as possible if the price is paid in advance, and as soon as possible in a month.”

However, in fact, the defendant did not have the intention or ability to carry out the above construction even if he received the construction payment in advance from the victim, such as not paying the personnel expenses for the part of the construction, even though he did not pay the personnel expenses for the part of the building after only paying the part of the building for the first floor.

Nevertheless, the Defendant, however, obtained from the victim the sum of KRW 3 million on October 7, 2013, KRW 25 million on October 10, 2013, KRW 25 million on October 14, 2013, KRW 50 million on October 23, 2013, and KRW 53 million on October 23, 2013 from the victim as the name of the Defendant agricultural bank account (M) in the name of the Defendant for the contract payment.

2. On October 30, 2013, the Defendant: (a) in P operated by the Victim N located in Hongcheon-gunO, the Defendant leased the temporary materials necessary for the new construction of the Q Farm Complex (1,240 square meters) to the victim for KRW 65,82 million per square year from October 30, 2013 to December 30, 2013; and (b) if part of the 1,240 square meters is leased, the Defendant would rent KRW 68,200,000 per square year to the victim for KRW 55,50,000 per square year; and (c) if part of the 1,240 square meters is leased, it would be used for only one month, and the rent would be paid immediately

However, as of October 30, 2013, the balance of the Defendant’s agricultural bank account was KRW 111,940, and the Defendant did not have the intent or ability to carry out the construction of the above agricultural bank with its own funds.