A defendant shall be punished by imprisonment with prison labor for four 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

1. On October 7, 2012, the Defendant made a false statement to the victim E in Geumcheon-gu Seoul Metropolitan Government, stating that “The Defendant would pay the construction cost by making it possible for the victim E to do construction work at the site of installation of D news block.”

However, at the time, the defendant was unable to pay wages to workers directly employed by the defendant due to financial difficulties, such as having a debt of KRW 300 million, etc., so the defendant did not have the intent or ability to pay the construction cost which was promised even if the victim did so.

The Defendant had the victim do the construction work on October 9 of the same year and on October 12 of the same year at a total of KRW 2 million, and did not pay the construction cost.

Accordingly, the defendant had taken property benefits equivalent to the above construction cost by deceiving the victim.

2. On October 25, 2012, the Defendant made a false statement to the victim at the construction site of an apartment located in Kimpo-si, Kimpo-si, stating that “F will lend KRW 900,000 to the victim as it is necessary for the Working Group F to prevent him from paying credit card bills.”

However, there was no intention or ability to repay the money even if it is difficult to repay the money from the victim due to financial standing, such as the statement in Paragraph 1.

The Defendant received 90,000 won from the victim for the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

3. On October 15, 2012, the Defendant, at the construction site of G apartment located in Kimpo-si around October 15, 2012, concluded that “The Defendant had received news just construction from H. The construction cost per square meter per 5,000 won has changed by means of construction cost. The construction cost is to settle the accounts two times every 15 days and 30 days every month.”

However, the fact is the intention or ability to pay the construction cost which is promised due to financial standing such as the statement in paragraph (1).