A defendant shall be punished by imprisonment for not less than eight 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

On December 30, 2013, the Defendant made a false statement to the victim E to the effect that “The present construction site days are too many in Kimcheon-gu, and it is contracted from the owner of another building to construct a commercial building for neighborhood living facilities in the Gu/U.S.F. As his/her son, E will be responsible for the prefabricated type board during the new construction of the building and the cost of the construction, such as material cost and personnel expenses, if the construction is completed.”

However, at the time, the Defendant did not have certain assets, and was in bad credit standing due to the Defendant’s failure to repay the interest obligation borrowed from the bank, and was in arrears with other construction costs of KRW 100 million, and even if the obligation to pay for the said new construction cost was paid by the owner of the building, the Defendant did not have any intent or ability to pay the construction cost to the victim because he did not have any intent to use the new construction cost as repayment and living cost even if he received payment from the owner of the building

As above, the Defendant, by deceiving the victim, had the victim terminate the above construction work on or around January 2014, and paid 4,000,000 won out of the total construction cost of 32,03,645 won, and did not pay the remainder of 28,003,645 won, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to detailed statements;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although the suspended execution should be punished in light of the same kind of power under Article 62(1) of the Criminal Act, in light of the details of the Defendant’s execution, it cannot be deemed as a highly malicious type of fraud. In this case, the victim’s wife is urgently agreed with the victim, multiple construction sites for the Defendant to complete, and his/her mistake was detained for the first time in his/her life.