A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 10, 2016, the Defendant heard the opinion that the victim E intends to build a new house in the “D coffee shop” located in Gyeongdongdong-gun, Gyeongbuk-gun, and newly constructed two houses for electric source on the land of the Gyeongdong-gun, Gyeongdong-gun, the victim shared.

At the same time, the construction should be completed when the intermediate payment of KRW 140 million is paid as down payment at the same time as the completion work and the intermediate payment of KRW 100 million, and the remaining KRW 190,350,000 was entered into a contract with the payment of KRW 180,000 within two months after the sale and purchase of the house. The construction will be completed until December 31, 2016 when it is received during the construction.

“.....”

However, since around March 2016, the Defendant was unable to operate the company, there was no particular business progress for one year other than the construction contract entered into with the victim, and was planning to use the contract deposit to pay the debt immediately after receiving the payment of the contract deposit in excess of KRW 300 million. The Defendant was unable to pay the subcontract amount even if he/she received the funds from the damaged party for construction expenses, such as by concluding a re-subcontract contract while entering into a re-subcontract, and by determining the subcontract amount as KRW 412.5 million, and there was no other way to raise the contract amount by any other means, so there was no intention or ability to complete the construction even if he/she received the contract payment from the injured party.

Nevertheless, the Defendant, as seen above, received the remittance of KRW 40 million from the injured party for the same day as the down payment, and received a total of KRW 120 million over three occasions by December 19, 2016, as shown in the list of crimes in the attached Table, as shown in the attached Table, by December 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs of works;

1. Application of Acts and subordinate statutes on a construction contract, a certificate of transfer verification, and a statement of deposit transactions;

1. Article 347(1) of the Criminal Act and Article 347 of the Criminal Act as to the crime, the reason for sentencing of sentence of imprisonment.