Defendant

A Imprisonment with prison labor for three years and for four months, respectively.

However, the period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 2011, the Defendant stated that “The Defendant would receive construction payment from the owner of the building on the face of four creative construction works for the remodeling of detached houses in the Seo-gu Seo-gu, Seo-gu, Daegu-gu, and would make payment from the owner of the building on the part of the victim F in the victim F in the Daegu-gu, Daegu-gu, Seoul-gu.”

However, the Defendant, at the time, did not pay KRW 12 million for employees’ wages, and did not pay KRW 50 million for the amount of national tax in arrears. The Defendant, due to the shortage of funds, continued construction by setting the cost of construction at a lower price, and prevented the return of the transferred materials and expenses, etc. after receiving the construction cost. Therefore, the Defendant did not have any intent or ability to pay the construction cost even if the victim proceeds the construction work.

As above, the Defendant: (a) by deceiving the victim to build the said house from the injured party; and (b) obtained pecuniary benefits equivalent to KRW 10 million by allowing the victim to do so.

In addition, from around August 20, 2016, the Defendant acquired a total of seven persons, such as the first list of crimes in attached Table 1, a total of KRW 28.46 million, and received delivery of KRW 79.5 million.

On April 2016, Defendant A promised to pay 18,910,000,00 won to the victim H as construction cost, i.e., re-afford the external finishing construction of the 14th floor J building in Daegu-gu, Daegu-gu, and 14th floor J building in the middle-gu, Daegu-gu, as the case where the victim H re-afford the outside finishing construction of the building in the middle-gu, Daegu-gu, 2016.

However, the defendant did not have the intention or ability to pay the construction cost to the victim because the defendant suffered losses due to other construction works and has failed to pay the cost of construction to him.

As above, the Defendant: (a) by deceiving the victim, caused the victim to complete the construction of the said J building; and (b) did not pay KRW 189.10,000 to the victim; and (c) acquired pecuniary benefits equivalent to the said amount.

"2017 Highest 1620" - Defendant A shall be a victim at the flood of August 25, 2016.