A defendant shall be punished by imprisonment for six months.

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

On July 2015, the Defendant tried to construct a “E” restaurant located in Chungcheongnam-si, Chungcheongnam-si, and “E” cable manufacturing factory in the resource recycling-related G in Chungcheong-gun, Chungcheongnam-si, and the victim F will enter into a contract with the constructor to the extent of KRW 3.5 million.

When lending KRW 35 million to the construction contract deposit, the last amount of KRW 45 million shall be repaid at the end, and when the factory is completed, the share in the factory shall be divided.

First of all, we will receive a construction contract and a receipt of down payment from the president of the contractor.

“False speech” was made.

However, in fact, the defendant did not deliver the money received from the injured party to H, who is a factory constructor, but did not have any intention or ability to return the money to the injured party, even if he received the money from the injured party for personal use such as repayment of personal debt.

On September 8, 2015, the Defendant was transferred from the injured party to the new bank account (Account Number:J) in the name of the Defendant’s wife, from September 8, 2015.

Accordingly, the defendant was given property from the victim by deceiving the victim.

[1] The defendant and defense counsel asserts that the defendant shall not be deemed to have acquired the above money, since the defendant has properly received the investment money by making the defendant's investment in the optical cable manufacturing plant (K & L plant) related to resources recycling in Chungcheong-gun G, and thus, he shall not be deemed to have obtained the above money.

In addition, the defendant and his defense counsel paid the above money to the injured party, and the injured party took over the L factory from M, who is the owner of the L plant, and settled the amount of the above investment from the factory acquisition price. After the acquisition of the L plant, the defendant and his defense counsel did not have suffered any loss from the above investment.

(b) A child ③ The defendant and his defense counsel have suffered from damage.