A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On August 13, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Daejeon District Court, and the judgment became final and conclusive on September 5, 2015.

【Criminal Facts】

On February 27, 2010, the Defendant requested the victim D to perform civil engineering works on the land outside C and eight parcels owned by the Defendant. The fact was that the Defendant had a debt equivalent to KRW 1 billion at the time, and even on the land owned by the Defendant, the maximum debt amount of KRW 325 million was set up, and even on the land owned by the Defendant, the victim did not have any intent or ability to pay the construction cost even if the victim had no property. However, even if the victim did not have any intent or ability to pay the construction cost even if the civil engineering works were performed, it is false to the victim that the victim would pay the construction cost with KRW 150 million at the cost of the civil works for the purpose of opening a house, and the victim would have paid it with E or in cash, from April 5, 2010 to February 25, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, F, G, H, I, and J;

1. A written confirmation or judgment;

1. Previous convictions in judgment: Criminal records, references to criminal records, reports on pre-disposition and confirmation, and application of each statute of the judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") are determined as follows. At the time, the defendant created the site for electric house on the land of this case and received the loan from the bank as security and entered into a civil engineering contract with the victim. Since the construction work failed to run properly, it is impossible to receive a loan from the bank as security and thus, the construction work is not paid