1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On March 23, 2014, the Defendant, at the construction site of the housing site located in Ansan-si B, contracted with the owner for construction, and said, “A victim C would pay the price immediately as the owner would receive construction payment from the owner of the construction site.” However, at the time, the Defendant received construction payment equivalent to KRW 33,00,000 from the owner of the construction site at the time, and used it as the repayment of outstanding amounts, living expenses, etc., and even if the owner received the construction payment from the owner of the building, he planned to use it as the construction cost and the repayment of outstanding amounts, etc. in other construction sites. Despite the absence of the intent or ability to pay the price even if the materials were supplied by the victim, the Defendant deceiving the victim as above and acquired the materials from the victim to April 9, 2014, which amount to KRW 17,656,400 from the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to a full statement of damage, a statement of payment, a statement of transaction by period, each statement of transaction, a photograph of transaction amount, a photograph of transaction amount, details of account transactions, copies of bankbooks, and a criminal investigation report;

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

1. The suspended sentence under Article 62(1) of the Criminal Act is a confession of the crime for the reason of sentencing, and is divided, the amount of damage is repaid and the victim has been smoothly agreed with, and the punishment shall be determined as ordered in consideration of the age, character and conduct, circumstances after the crime, etc. of the defendant;