A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, around May 4, 2010, the fraud of the victim C is committed.

On December 26, 2012, the Defendant was sentenced to one year of imprisonment due to fraud, etc., and the above judgment became final and conclusive on August 22, 2013.

Punishment of the crime

1. On February 12, 2010, the Defendant was issued KRW 10 million from the victim C at the E office operated by the Defendant, located in Yeongdeungpo-gu Seoul Metropolitan Government D Building 302, that “A contract was made in the name of Chungcheongnam-gun, Seocheon-gun, Seocheon-gun Construction Co., Ltd., an agricultural product alcoholic processing plant construction project is contracted in the name of Chungcheongnam-gun, Seocheon-gun, Seocheon-gun, Seoul, under the name of the Dispute Settlement Bank Construction Corporation.”

However, the defendant did not have the authority to conclude a contract in his name and to select a subcontractor in his name, and the defendant did not own sufficient means to independently carry out the construction, and there was no intention or ability to subcontract the construction to the victim.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.

2. On February 25, 2010, the Defendant: (a) at the place under Paragraph (1) around February 25, 2010, the victim C subcontracted the Civil Works and Alley Works in order to undertake the construction of the Jongno-gu Seoul F building for one week after the commencement; (b) changed the construction deposit to KRW 10 million; and (c) received five million from the victim.

However, the above construction site had no intention or ability to subcontract the construction to the victim due to the dispute between the owner and the contractor due to the construction site and the contractor.

Accordingly, the defendant deceivings the victim and defrauds 5 million won.

3. On April 1, 2010, the Defendant received KRW 2 million from the victim C at a place set forth in paragraph (1) of this Article, stating that “A victim C shall be paid immediately if there is no ready-mixed at the construction site in Chungcheongnam-Nam, and two million won is leased at the construction site in Chungcheongnam-Nam,” and received delivery from the victim.

However, the defendant did not have any intention or ability to repay money even if he borrowed money with no other financial ability.

Accordingly, the defendant is the victim.