A defendant shall be punished by imprisonment for not less than one year and 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

[2014 Highest 1710]

1. Around June 3, 2013, the Defendant made a false statement to the victim D that “The Defendant would remove assembly-type buildings located in Pyeongtaek-si G and Pyeongtaek-si I” at the F office operated by the Defendant in Pyeongtaek-si E.

However, at the time of fact, the above H did not have a plan to remove the building because it was planned to continue business until January 2015, and it was unclear at the time when the above two buildings were removed because it did not pay down payment to the disposal authority of the above two buildings. As such, the Defendant did not have any intent or ability to allow the victim to remove the above two buildings.

Around June 3, 2013, the Defendant received KRW 40 million from the victim through the corporate account in the F’s name as the contract deposit for removal work, and around July 2013, the Defendant received KRW 3 million from the said corporate account under some of the balance.

Accordingly, the defendant deceivings the victim and defrauds the sum of KRW 43 million owned by the victim.

2. Fraud to the victim J;

A. On October 28, 2013, the Defendant made a false statement to the victimJ at the said F Office that “I would undertake the removal of LA building in Pyeongtaek-si K.”

However, as the defendant did not have any authority over the removal of the above L Building, the defendant did not have the intention or ability to allow the victim to perform the removal of the above L Building.

On the same day, the Defendant received KRW 20 million from the victim to the corporate bank account in the name of M, designated by the Defendant on the same day.

B. On November 16, 2013, the Defendant continued to make a false statement to the victim that “an urgent need for living cost” was “ad hocly needed for the victim at an unsound place.”

However, in fact, the defendant did not pay the debt amounting to KRW 43 million when he did not perform the removal works described in the above paragraph to D at the time.