A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 24, 2015, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for embezzlement, etc. at the Daegu District Court on June 2015, and the said judgment became final and conclusive on October 2, 2015.

On October 2014, the Defendant entered into a contract for a construction project on October 7, 2014 and on March 15, 2015, stipulating that construction works for the construction of neighborhood living facilities on the land D in Daegu-gu will be KRW 350 million for total construction cost.

The defendant did not have any particular property and business funds at the time, and there was no specific income other than the construction cost revenue received from the above C, and bears approximately KRW 200 million obligations. Thus, even if the defendant subcontracted the above construction work to the victims, he did not have the intention or ability to pay the construction cost properly.

1. Around January 3, 2015, the Defendant against the victim E at the scene of the construction of a new living facility in the above neighborhood, stating that “The payment of the subcontract price shall be made immediately after receiving the payment of the construction cost from the owner of the building on the face of the Jeju-do main office of the construction project, and the payment of the construction cost shall be made definitely,” and that it shall be made the victim at the same time until March 31, 2015, by causing the victim to perform the creative and glass construction work in an amount equivalent to 580,000 won for the construction cost at the above construction site.

2. Around February 10, 2015, the Defendant against the victim F made a false statement that “The victim F shall receive the construction cost from the owner of the building site in order to perform the installation work of windows and reinforcements and stairs rail, and pay the subcontracted construction cost immediately. Therefore, the construction cost shall not be paid clearly, and the victim shall be paid for the construction cost.” From around that time to June 5, 2015, the Defendant had the victim perform the construction work of installation of stairs railing in the above construction site at the cost of the construction site until June 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1.With respect to E and F, respectively.