A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who operates E Co., Ltd. in Naju City D.

Around May 15, 2012, the Defendant agreed to enter into a contract for construction with the victim Ja-gun that created “I” electric power resource village in the Jeonyang-gun, Jeonyang-gun to newly construct three Korean-style houses within the said electric power resource village. A contract for new construction works in an amount equivalent to KRW 160 million of the construction cost on May 12, 2012; a contract for new construction works in an amount of KRW 138 million of the construction cost on May 15, 2012; and a contract for new construction works in an amount of KRW 140 million of the construction amount on June 20, 2012; and a contract for new construction works in an amount of KRW 140,400,000 of the construction amount on June 20, 2012; and had the victim urged within three months of the completion of each construction work period (M).

However, at the time of fact, the Defendant had been unable to pay benefits to many workers at the construction site, such as the new construction site of the Naddong Housing Construction Site located in the Naddong. Therefore, even if the Defendant received the payment of the construction cost from the victim, he did not intend to pay the existing debt or use it for personal purposes, such as the cost of establishing a separate corporation, and did not have the intention or ability to perform the construction work properly.

As such, the Defendant, by deceiving the victim, received a total of KRW 118 million, including KRW 20 million on May 16, 2012, KRW 20 million on May 25, 2012, KRW 20 million on May 25, 2012, and KRW 78 million on June 20, 2012, and acquired it by deception from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A contract for the construction of hanok villages;

1. Application of Acts and subordinate statutes on transfers of construction price;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Code of the suspended execution [the range of recommending punishment] general fraud 100 million won.