A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is a joint representative director of C.

On February 25, 2013, the Defendant concluded a contract with the victim for construction of a new building for the E main complex at the GM office located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, stating that “The victim would have surplus funds in an amount exceeding 1.5 billion won in cash, and also show passbook.” On February 25, 2013, the Defendant concluded a contract with the victim for construction of a new building for the E main complex at the GM office located in Gangnam-gu, Seoul, Gangnam-gu, Seoul, for a contract amounting to KRW 4,587,00,000 for construction cost.” The Defendant said that “The victim would request advance payment instead of reducing construction cost on credit to the fourth floor of the building.”

However, in fact, the Defendant did not have cash KRW 1.5 billion, and it was well known at the time of entering into a contract that, although the Defendant entered into a contract with the complainant as above, it could not normally proceed with the above construction work, and even if having received advance payment, it was intended to use it as the wages of the employees of the Defendant company, and did not have any idea to proceed with the construction work, so there was no intention or ability to proceed with the construction work on credit as agreed

Ultimately, the defendant deceivings the victim as above, and is against the victim.

3.4. Receiving the transfer of KRW 20 million to the Agricultural Cooperative Account in the name of the Co., Ltd. under the pretext of advance payment for construction cost.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including D parts concerning the statement);

1. Statement of D police statement;

1. A complaint;

1. Application of the statutes governing the demand for performance, such as a contract for construction works, a statement of transfer of advance payments, return of advance payments, and liquidated damages;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and no basic area (6-100 million to 100 million won) (6-1 year and 6 months) (the decision of sentence] is intended for the progress of construction.