A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Incheon District Court, and the said judgment became final and conclusive on the 10th of the same month.

The defendant around March 2008 is a person who actually operated the "E Co., Ltd." located in Yeongdeungpo-gu Seoul Metropolitan Government D and was engaged in construction business.

1. On March 5, 2008, the Defendant of the New Airport Living Facilities in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, said that “The Defendant would make a subcontract for the construction of a new neighborhood living facility on the said site to the victim G and H, a co-operator of the FF company of reinforced concrete construction business, “The construction of a new neighborhood living facility is scheduled to begin on the five lots, other than I, Chungcheongnam-gun, Chungcheongnam-gun, and I will subcontract the construction of a reinforced concrete on the said site if the contract deposit is the down payment.” If it is possible to start up until March 15, 2008, and if the construction of a new neighborhood living facility is known on the said date, he would compensate for the down payment amounting to 60 million won.

However, the Defendant had no special property since becoming a bad credit holder in around 1997. At the time of around March 2008, the Defendant was suffering from financial difficulties, such as failure to pay four insurance premiums equivalent to KRW 80 million. The Defendant was unable to subcontract the construction of reinforced concrete to the victims because the Defendant did not have concluded a direct construction contract with the owner of the construction of the said new neighborhood living facilities. Moreover, the actual construction of the said site was in the situation where another company subcontracted by the J company, as the “J company,” had already been performing the construction of reinforced concrete, and thus, there was no intention or ability to provide subcontracting even if receiving KRW 30 million from the victims.

Nevertheless, on March 5, 2008, the Defendant received 30 million won from the victims to the post office account in the name of E Co., Ltd. on March 5, 2008 and acquired it by fraud.

2. The Defendant for the construction of a sanatorium for senior citizens in the Chungcheongnam-si, Chungcheongnam-si, shall start the subcontract work as described in the above paragraph (1) at the office of the above "E" in March 2008.