A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On February 2, 2012, the Defendant was sentenced to a suspended sentence of two years and six months to imprisonment for fraud, etc. at the Incheon District Court, which became final and conclusive on October 11, 2012. On November 29, 2012, the Defendant filed an appeal after having been sentenced to one year of imprisonment for a crime of fraud, etc. at the same court, and the appeal is still pending.

【Criminal Facts】

On 206, the Defendant entered into a construction construction contract with three land owners, G, H, I, etc., of the Ma and F, Sung-si, Sung-si, Sung-si, Sungnam-si. The contract was to build a new building on the said land with the Defendant’s funds, but it was to divide 50% of the share of the completed building by three persons, such as the Defendant and the project owner, who are the contractor and the project owner.

Specifically, completed buildings are buildings with 201, 202, 301, 302, 401, 402, 402, 501, and 502, and eventually, the Defendant had 4 rooms, and G had 2 rooms, H 1 rooms, and I had 1 rooms.

After May 2007, the Defendant prepared a contract agreement stating the above purport with G, and the Defendant, a contractor, pursuant to Article 25 of the contract agreement, entered into a completion inspection and arranged that the Defendant may claim construction cost to G after passing the completion inspection, and completed the completion inspection on May 201.

On May 13, 2008, the Defendant made a false statement to the effect that “The Defendant may purchase 1.6 million won at the victim RR house in Seongbuk-gu, Sungnam-si, U. 501, and that “The Defendant may purchase 501 million won at the same place as on May 26, 2008, at the same time at the same time as on May 13, 2008, at the victim RR house, the Defendant newly built 301, which is the share of 7,50 million won, at the discounted rate of KRW 7,50 million.”

However, the defendant can not claim the construction cost to G until he passes the completion inspection, and therefore he can not claim two debts out of the shares of G.