A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2016 Highest 4896] Defendant A is the representative of Donggsan-si Co., Ltd. D (hereinafter “E”) located in Ansan-si.

1. Fraud;

A. On July 2015, the Defendant: (a) at the foregoing D office held that “The victim F shall pay the total of KRW 110 million,00,000,000,000,000,000 won, including KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, the defendant, at the time of this case, has reached about KRW 1 billion and his debt has been continuously increased. ② The defendant, who is another subcontractor of the above multi-household house, did not pay KRW 20 million to the land owner, failed to pay the price in full, and there was no intention or ability to pay the above construction price to the victim due to the lack of economic circumstances, such as lending KRW 200 million for construction fund.

Accordingly, the Defendant, by deceiving the victim, was provided with the above 10 million won by the victim.

B. On November 11, 2015, the Defendant, at the foregoing D office, concluded that “The victim, who believed to have completed the above construction work on December 2015, 2015, shall pay KRW 11.3 million in total as construction cost, after receiving a certificate of completion completion, to the victim’s completion of the construction work on the second floor, after completing the construction work on the mold of Ansan-si, the J, and the Multi-household Construction Work in K, the second floor, and 27 million won after completing the construction work.”

However, the facts are as follows: ① at the time of this case, the Defendant continued to pay KRW 1.5 billion, and ② from November 24, 2015 to June 1, 2016, the Defendant paid KRW 500 million from the owner L as the construction cost, and the amount equivalent to KRW 315 billion for two households among the above multi-households.