A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates a building company under the trade name of “D” at the time of Jin-si.

The defendant, around October 18, 2010, concluded a new house construction contract with the victim E in the above office with the victim around October 18, 2010 and concluded the work with the victim as "the contract commences immediately as agreed and the work is completed."

The civil design cost, building permit cost, 10,000,000 won as down payment, and later the construction work is completed later, referring to the difference in the balance if the construction work is completed, and then the victim re-ends that the victim “it is necessary to buy materials in advance because there is a rise in the material value.”

However, in fact, even if the defendant received the construction cost from the injured party as above, he thought that he will use it for personal purposes without using the money, and was in a situation where he could not perform financial transactions and delayed payment of the wages of the staff at the time, so even if he received the construction cost as above, he did not have the intention or ability to complete the prefabricated-type house.

Nevertheless, the Defendant received KRW 10,000,000 from the injured party as the down payment on October 18, 2010, and received KRW 15,000,000 as the price for materials around October 25 of the same year, and received KRW 5,000,000 as the price for materials around November 9 of the same year, and received KRW 30,000,000 in total as the price for construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a written confirmation of deposit in a bankbook, such as a written confirmation of deposit in a bankbook, a construction work letter, on-site photograph, credit report, and investigation report (record 366 pages

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 suspended execution;

1. Although the nature of the crime is not good, such as the escape of the victim for more than seven years of the reason for sentencing under Article 62-2 of the Criminal Act of the community service order, the deposit of KRW 20 million for the victim at the latest, and reflects the sex, and the defendant's age.