A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 1, 2015, the Defendant concluded a temporary material lease agreement with the victim F on the same day, stating that “E” office located in J in Jin-si at Jin-si at Jin-si at Jin-si (hereinafter “instant construction”). “The Defendant leased the temporary materials to be used for the Studio Construction in G in Jin-si at Jin-si.” The Defendant concluded a temporary material lease agreement with the victim on the same day.

However, the Defendant thought that only part of the rent should be paid from the beginning to another construction site, and the Defendant had already continued to perform structural construction works, etc., but failed to pay approximately KRW 40 million, and paid it on behalf of the land-person, and the Defendant had the intent to use it for personal purposes, such as repayment of existing obligations, even if the Defendant received the full payment of the construction cost from the I and the owner of the instant construction, and thus, the Defendant had no intention or ability to pay rent for the temporary materials to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received temporary materials, such as pipes, from the victim, and obtained them from the victim on August 31, 2015, and instead did not pay a total of 44,829,137 won from around June 27, 2016, and acquired the amount equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes, such as a copy of a construction material lease agreement, a copy of the statement of genuine gold, copy of the written request, copy of the statement of transactions, each deposit transaction, credit information, data on deposit details, etc., and written opinion;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution seems to have been committed with willful misconduct, such as the fact that there is an agreement with the victim, the fact that it is against the victim, the defendant's age, sexual conduct, environment, relationship with the victim, circumstances leading to the crime, etc.