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

Punishment of the crime

On November 25, 2008, the Defendant made a false statement to the victim C that “The Defendant would pay the construction cost immediately after completing the construction work, including digital painting and videophone, to the 16 generation units of B lending,” at the site of the construction work of Gyeyang-gu Incheon Metropolitan City Construction.

However, in fact, since the sum of the construction cost that the defendant has already to pay to other construction business operators was more than 40 million won than the construction cost that the defendant has already to receive from the owner, the defendant had no intention or ability to pay the price even if the victim completes the construction work.

The Defendant had the victim perform the construction work of the Home Macker in an amount equivalent to KRW 17,028,00,000 for the total construction cost until the middle of December 2008, and acquired pecuniary profits equivalent to the same amount.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 17,028,00.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, the reason for sentencing choice of imprisonment, the amount of damage caused by the crime of this case, the fact that the defendant had no record of punishment at the time of the crime of this case, and the circumstances, means, methods, results, etc. of the crime of this case

It is so decided as per Disposition for the above reasons.