A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 31, 2012, the Defendant was sentenced to imprisonment with prison labor for one year for fraud in the Chungcheong District Court Assistance, and the judgment became final and conclusive on June 23, 2012.

The defendant was a person who had worked as a business director of the company D, which received the order for the individual heating conversion work from the apartment.

The Defendant signed and sealed a subcontract for construction works related to the individual heating works of C Apartment Co., Ltd. (hereinafter “Co., Ltd.”) as a joint guarantor of the instant construction works, and agreed with the victim to assume the responsibility of the instant construction works on behalf of the victim, including the cost of materials and personnel expenses incurred in the instant construction works, when signing and sealing them as joint guarantor of the instant construction works.

On August 2009, the Defendant made a false statement to the victim that “The Defendant made a prior payment of KRW 120 million in material cost to G company H using a passbook in the name of G company because the boiler hot water distribution machine and the year (boil pipe) are required.”

However, the facts are that the Defendant was planning to pay part of the above money he remitted to H as labor costs at the boiler site work site in Daejeon, where the Defendant was responsible prior to the instant construction, under the circumstance that the Defendant did not have any property under the Defendant’s name as the bad credit bad debt amounting to KRW 200 million at the time, and therefore, the Defendant did not have the intent and ability to use all of the materials that the victim remitted to H as the material price.

Nevertheless, the Defendant received from the victim the amount of KRW 50 million on August 10, 2009, KRW 40 million on August 18, 2009, KRW 30 million on August 18, 2009, and KRW 60,696,134 million on September 12, 2009 from the victim’s bank account (I), and executed it as material cost of KRW 60,696,1340 on September 12, 2009, and acquired the remainder amount of KRW 59,303,866 by using it for personal purpose.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;