A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

2013 Highest order 5974

1. On January 29, 2013, the Defendant made a false statement to the effect that “If the Defendant borrowed money to purchase building materials, he/she will receive construction payment from the building owner and complete payment without mold,” with the victim D who was working at a new construction site located in Tong-si, Tong-si.”

However, the facts did not have the intention or ability to pay money even if they borrowed money, and they thought to use such borrowed money as living expenses mainly.

As such, the Defendant, by deceiving the victim, received KRW 16 million in total from the victim on January 29, 2013, KRW 3 million, KRW 2.5 million on January 31, 2013, KRW 15 million on February 15, 2013, KRW 3 million on February 18, 2013, and KRW 6 million on February 27, 2013.

708 Highest 6708

2. On November 2012, the Defendant, a representative director of E Co., Ltd. engaging in construction business, was performing construction work on a contract with the victim F for the construction cost of KRW 95 million for the new construction work of detached houses that the victim F or G residing, and had been paid KRW 80 million in addition to the remainder agreed upon after completion of construction, but had been paid KRW 60% of the construction cost due to lack of construction cost, etc.

On March 20, 2013, the Defendant received KRW 2 million from the victim, i.e., KRW 5 million, KRW 5 million on the 26th day of the same month, and KRW 5 million on April 2, 2013 from the victim, respectively, at the site of the instant detached house construction project located in Yong-si, Yong-si, Seoul, and KRW 2 million from the victim.

However, in fact, even if the defendant borrowed the above money from the victim, it is inevitable to use it for the defendant to pay his personal debts, such as the cost of other construction materials, and there was no intention or ability to complete the construction of the above house by continuing the construction of the new house or to repay the above borrowed money.

The Defendant, as such, by deceiving the victim, received a total of KRW 12 million from the victim as the borrowed money.

The order of dismissal shall be three times.