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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2019 Highest 239"

1. On June 9, 2017, the Defendant: (a) around June 2017, entered into a contract with the owner C to perform the housing construction work; and (b) the victim D is a lighting business operator.

On July 2017, the Defendant made a false statement to the victim that “On the commencement of construction work, if the construction work commences, it would be possible to immediately pay to the victim.”

However, the Defendant had no intention or ability to pay the construction price to the other construction business operators who subcontracted to another construction site at that time, and even if the victim performs the prompt construction work, it could not immediately pay the construction price, and even if he received the construction price from the construction owner, the Defendant was planning to pay the construction price first or to repay the borrowed money to other construction business operators.

Around September 2017, the Defendant: (a) by deceiving the victim; (b) caused the victim to take part in the housing construction work site located in Donnam-do; and (c) had the victim take part in the construction work site located in Donnam-do B; and (d) did not pay the construction cost, thereby acquiring pecuniary benefits equivalent to the said amount.

B. On September 2017, the Defendant made a false statement to the victim at the site of the Donnam-gun B Housing Corporation before the early police officer, stating that “The owner of the house gets a roof with a string, and the house straw is not a string, thereby making a payment to G operating the F in lieu of the string.”

However, the Defendant could not pay the time and expenses immediately because there are many construction cost payments to the subcontracted construction business operators at another construction site at that time. Even if the owner received the time and expenses from the owner, the Defendant did not have the intent or ability to pay the time and expenses to the victim because he planned to pay the construction cost in advance to other construction business operators.

The defendant deceivings the victim and is under his control.