A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Justice] On January 9, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Suwon District Court on October 2013, and the said judgment became final and conclusive on May 30, 2013, and is still under the suspended sentence.

【Criminal Facts】

At around 15:00 on December 4, 2008, the Defendant made a false statement to the victim E, “in Korea, the owner of the instant wedding building. The interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works will be KRW 10 million for 30 days. The Defendant is seeking to pay 50% of the construction cost after 15 days since he/she is going to enter the place where he/she is receiving money after the expiration of 15 days.”

However, in fact, the Defendant did not own the said 3th floor from F and G, the owner of the said building. Before entering into a construction contract with F and G, the Defendant was well aware that the said building was scheduled to commence an auction immediately because F and G failed to repay the loan granted as security for the said building, and the Defendant did not have any specific income or property, such as failure to pay the rent deposit for the wedding hall, etc. at the time, and thus, the Defendant did not have any intent or ability to pay the construction cost even if he did so to the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, entered into a construction contract on the same day as the victim, and had the victim perform the interior interior interior interior interior interior interior interior interior interior interior works, such as the removal of trading channels, from December 5, 2008 to December 26, 2008, thereby acquiring property benefits equivalent to 60 million won.

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. Statement made by K witness in the third protocol of the trial;

1. Statement of the police against K (Evidence No. 16);

1. Application of Acts and subordinate statutes to construction specifications;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;