A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2018 Highest 4779"

1. On September 26, 2016, the Defendant was awarded a contract for civil engineering works for KRW 170,500,050,000 for the construction cost under the name of E, a stock company, E, from among D expansion works in Pyeongtaek-si Co., Ltd. around September 26, 2016.

On February 2, 2017, the Defendant paid the construction cost within 15 days to the victim B, who operates G, a corporation located in F in the field of the foregoing civil works, on the ground that the Defendant had completed the construction work.

The phrase “ makes a false statement.”

However, on December 2016, the Defendant was unable to pay KRW 100 million for the materials cost entered at a construction site located in Pyeongtaek-gun, Gyeonggi-do, to the Customer, and there was no intention or ability to pay the cost even if the victim completes the contact construction.

On February 2017, the Defendant was provided by the injured party with a container construction work equivalent to KRW 2794,00,000.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

"2018 Highest 5703"

2. On August 17, 2015, the Defendant: (a) false statement in the K Office operated by the victim I in Gwangju City J and the second floor; and (b) the victim “on the face of a week from the site of the new establishment of a kindergarten, the Defendant would pay the victim rent in cash on the last day of each month.”

However, in fact, the Defendant was liable to pay approximately KRW 40 million in the absence of any particular property or income at the time. Even if the construction cost related to the above construction work was paid, it was thought that it would be used to repay other construction-related obligations. Therefore, even if the construction materials were leased from the injured party, the Defendant did not have the intention or ability to pay the rent properly.

Ultimately, the Defendant, as seen above, did not pay rent of KRW 9,738,221 to the victim and used the construction materials at the construction site on the same day from the victim.