A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On January 22, 2015, the Defendant was unable to construct construction costs due to the lack of construction costs in the office operated by the injured party in Ulsan-gu R on January 11, 2015, the victim Q Q. The Defendant was not able to know whether the Plaintiff had the ability to pay money, and the Defendant entrusted the construction work to B. The construction work is completed without suspending the construction work.

“The purpose was to say.”

However, at the time, the defendant thought that his personal obligation has reached KRW 280 million and even if he has received down payment, he would be able to use it for his personal purpose. In the situation where he does not receive payment from the injured party such as down payment, intermediate payment outside the down payment, and the remainder payment, he did not have the ability to complete the construction without suspending the construction.

The Defendant entered into a contract with the victim on three occasions, such as S, T, U, etc. to establish three Dongs of electric power resource housing (hereinafter “instant construction”) and the payment after completion of the remaining money, and received KRW 14 million as a down payment and design expenses on February 8, 2015, and received KRW 14 million in light of the same month. Of the same month, the Defendant received KRW 50 million from the injured party, such as being transferred in the form of a substitute payment for KRW 710,000,000 in total from the injured party, such as being transferred in the form of a substitute payment for KRW 50,000,000 in the market value of KRW 71,00 in the same month.

2. Around May 4, 2015, the Defendant said that “the Defendant provided materials for construction from X because he received materials from the victim,” in the vicinity of the modern middle industry located in 1000, Ulsan-dong, Ulsan-dong, U.S. defense force circulation.”

However, the Defendant did not receive construction materials from X.

The Defendant received from the injured party a total of KRW 5 million on the same day, and KRW 8 million on the 14th day of the same month to X account.

3. On February 22, 2015, the Defendant, against the victim, committed the instant construction work to the victim at a place where the victim’s identity is unknown.