A defendant shall be punished by imprisonment for one year.

However, 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

Around May 10, 2007, the Defendant filed a complaint with the construction site located in Hanam-si to obtain the amount equivalent to KRW 88,622,00,00,000 from another person; however, the statute of limitations has expired as of June 9, 2014; and even if the Defendant borrowed money from another person due to the lack of property or funds under his/her name, he/she did not have any intent or ability to repay the money.

On September 2013, 2013, the Defendant entered into a verbal contract with the construction period of three years and one billion won for the construction work at the time of the first week, which was subcontracted without a construction license. However, the Defendant’s financial resources, as seen above, was unable to provide all necessary funds for the construction, and the Defendant began to work in full due to its wife E from October 2013.

On the other hand, even if the Defendant borrowed money from May 2013 to the point where the Defendant was suspected of having the appearance of the Defendant, and the wife demanded divorce, and the Defendant cannot expect continuous financial support from the wife, such as the reduction of the financial support upon entering a separate place around June 2013, and thus, there was no intention or ability to repay the money within a short period.

Nevertheless, the Defendant, at the end of October 2013, when there was a shortage of construction funds as the financial support from the wife decreased and the construction funds are insufficient, the Defendant falsely concluded to the victim F, the motive of the Defendant working at the above construction site, that “if he/she lends money to purchase construction materials, he/she will pay the interest of 5% per month and repay within three months” and then he/she received KRW 3,90,000 from the victim and received KRW 17 million on November 1, 201 of the same year from the victim and received KRW 28,90,000 from the cashier’s checks and received KRW 48,90,000 in total from the remittance around 22 of the same year.

On May 10, 2007, the Defendant was accused of acquiring the pipe amounting to KRW 88,622,00 from the construction site located in Hanam-si on or around May 10, 2007.