A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 12.1 million won to the applicant C with the amount obtained by deceit.

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to one year to imprisonment for fraud, etc. at the Seoul Eastern District Court on January 28, 201, and the execution of the sentence was terminated at the Sungdong Detention House on October 29, 2011.

On August 2014, the Defendant, within the “E” office operated by the victim C in Kimhae-si, the Defendant was working for the victim as the head of the Ban at the construction site where the victim “F” was located.

F If the construction of the Changwon Complex was made and the commencement of the construction has been made, the payment of the purchase money of E operated by the victim shall be made. The payment shall be made with the money from the first installment.

“The purport was to the effect that “.....”

However, in fact, F is merely a virtual figure created by the Defendant to receive money from the injured party. At the time, the Defendant did not have any intention or ability to pay money even if he borrowed money from the injured party, on the ground that there was no intention or ability to pay money to the injured party, as agreed upon, the parts of the personnel office operated by the injured party was invested at the construction site or the materials, steel bars, etc. coming from the construction site. At the time, the Defendant did not have any particular property or income, while the Defendant was liable for the obligation of several million won to the bank and the card company, and did not have been related to any construction site. Therefore, even if he borrowed money from the injured party, there was no intention or ability to pay the money.

The Defendant, as above, was issued KRW 102,100,000 in total over 46 times from the same day to July 16, 2015, including the amount of KRW 2 million paid in cash from the injured party on August 26, 2014.

The Defendant of Songpa-gu Seoul on July 27, 2015 at a coffee shop where the trade name in the Songpa-gu Seoul on July 27, 2015 cannot be known.