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

Punishment of the crime

When the Defendant was unable to carry out construction due to an increase in the cost of personnel expenses, material expenses, etc. while he subcontracted for construction of 34 million won in the construction amount from C in Seosan City, the Defendant was able to borrow money from the victim F and obtain money.

1. On July 22, 2013, the Defendant gains 20 million won upon completion of the E Work from “H located in Hongsung-gun G” to the Victim F.

If a person lends KRW 10 million to another person, he/she received the money of the E Corporation from him/her and would repay the money until September 22, 2013.

However, at the time, the Defendant was liable to the material companies for the payment of approximately KRW 12 million, and approximately KRW 2 million has been liable to the individual debt, as well as the Defendant had no intent or ability to repay even if the construction was completed by the excessive input of the expenses for the said E work, and even if it is anticipated that no profit would remain even if the construction is completed due to the excessive input of the expenses, it would not have any profit.

The defendant deceivings the victim as above, and thereby acquired 9.5 million won, excluding the 500,000 won, prior to the same day from the victim.

2. On August 2, 2013, the Defendant, at the site of the foregoing E Corporation, concluded that “If the E Corporation additionally lends KRW 3 million to the victim of the E Corporation, he/she would receive payment of the intermediate payment of the Newly-built Housing Corporation located in Hongsung-gun, Hongseong-gun from September 8, 2013.”

However, in fact, the defendant had an obligation equivalent to KRW 14 million as above, and there was no benefit from the E-new construction. The amount equivalent to KRW 20 million received from the owner of the said newly constructed house was already used at the cost of another construction site, and even if the intermediate payment was paid to the owner of the said newly constructed house, it was used as the cost of the said newly constructed house, so even if he borrowed money from the damaged person, there was no intention or ability to repay it.

The defendant deceivings the victim as above and belongs to it.