A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2014 Highest 4506] On March 201, 201, the Defendant made a false statement to the victim C to pay KRW 200 million to the victim C, “If the construction fund falls short of KRW 100 million, the Defendant would pay KRW 100 million within 1 to 200 million. If not, the Defendant made a false statement to the effect that it would construct a pent in an amount equivalent to KRW 200 million.

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it, and there was no intention or ability to newly construct a pention equivalent to 200 million won.

Ultimately, around March 17, 2011, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the bank account in the name of the Defendant’s child to the bank account in the name of the Defendant.

[2015 Highest 186] The Defendant is a construction business operator who has been awarded a contract for remodeling work No. 302 at the Government of Gyeonggi-do.

On April 11, 2014, the Defendant proposed to the effect that “The Defendant would pay KRW 2.3 million for the construction cost after the completion of the construction work on the face of the electrical voltage at the site of the said remodeling project with the victim F, who is the electrical construction business operator,” when concluding the subcontract for the electrical pressure construction.

However, in fact, the Defendant had to preferentially use the construction cost received from the owner for other debt repayment, etc. while personal debt reaches about two million won, on the other hand, the Defendant did not have any intent or ability to pay the construction cost even if the victim completed the construction work due to no particular property or revenue source.

Accordingly, the Defendant, by deceiving the victim as above, had the victim complete the above electrical pressure construction work at that time, and did not pay 2.3 million won for the construction cost, thereby acquiring property benefits equivalent to the above amount.

[2015 Highest 368] The Defendant is an employer who runs a construction business by employing 20 full-time workers at the construction site of “H” located in Pyeongtaek-gun G in Gangwon-gun.

When a worker dies or retires, the employer shall fourteen days after the cause for such death or retirement occurred.