A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On May 9, 2012, the Defendant stated that “The Defendant would pay KRW 17 million to the Victim E for the completion of the construction work, on the face of the melting and glass construction work, while doing so at the Dalian office operated by the Defendant in Seongbuk-gu, Changwon-si, Changwon-si.”

However, in fact, the Defendant had a debt of 50 million won or more at the time and paid the construction price in the way of prompt return to the subcontractor by receiving an order for other construction works and paying the existing construction price as the down payment, and even if the victim had no intention or ability to pay the price, even if it is the original and favorable construction work.

Ultimately, the Defendant, by deceiving the victim as above, had the victim do so from around that time to June 2012, and had the victim do so, obtained pecuniary benefits equivalent to KRW 17 million, which is the construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of construction paid by a project owner to a defendant);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The defendant and his defense counsel asserted that the defendant did not have any criminal intent to acquire the construction cost by deceit, although it was true that the defendant had caused the victim to do the 17 million won of the construction cost and the glass construction work.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant was obligated to pay approximately KRW 500 million to the victim at the time of entering into a subcontract for the instant creative and glass construction work, and there is sufficient financial standing to the extent that the employee’s wages are not paid.