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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

1. On May 18, 2012, the Defendant told L, an employee of the victim KK corporation operated by J, at the office of the IF corporation operated by the Defendant in Pyeongtaek-si on May 18, 2012, that “The Defendant started the construction work immediately after receiving a subcontract for electricity, telecommunications, and fire fighting construction from among the NF complex construction works run on two parcels of Gyeonggi-si M, and completing the construction work until May 30, 2013.”

However, the defendant did not have the intention or ability to pay the price even though he had the victim to do the work.

As such, the Defendant, by deceiving the victim, had the victim proceed with the construction work on the spot, and had the victim acquire property benefits equivalent to the same amount as the construction cost was not paid when the new construction work was discontinued thereafter.

2. On June 1, 2012, the Defendant stated at the same place that “In order to secure the performance of subcontracted electricity, telecommunications, and fire fighting works among the new construction works of N main complexes, the Defendant would return KRW 50 million by September 1, 2012, a week.”

However, in fact, the defendant did not intend to return money under the name of the deposit, even if he did not receive money from the victim prior to receiving the performance guarantee insurance policy.

The Defendant, by deceiving the victim as such, received KRW 25 million on the same day from the victim’s personal compromise account under the name of the Defendant, and received a total of KRW 50 million on the 21.25 million on the same month from the victim, respectively.

Summary of Evidence

1. Entry of witnesses and directors in the third protocol of trial;

1. The calculation table, the tax invoice, the report on the amount of actual input, the specifications of each payment of labor cost, each certificate of confirmation, the amount of payment for July's wages, the detailed statement of payment for each item, the statement of payment for July's food, the statement of payment for each item, the settlement table of housing security deposits, and the apartment monthly rent contract;