A defendant shall be punished by imprisonment for six months.

However, 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

On February 17, 2014, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on June 20, 2014.

On March 28, 2009, the Defendant stated to the effect that “In the construction site of gas filling stations and gas filling stations located in two lots outside Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and the victim C, “In the case of oil and gas filling station construction on two lots outside Jincheon-gun, Jincheon-gun, Jincheon-gun, and the owner of the building is in arrears with the bank amounting to KRW 20 million, so the owner may proceed with the construction by obtaining a loan from the financial institution. If the owner borrowed KRW 20 million, the bank will settle the owner of the building and subcontract civil and construction works during the construction and obtain a guarantee from the owner of the building for the subcontracted construction cost.” In addition, the lending KRW 20 million will immediately receive the first progress payment for the construction work.”

However, in fact, the company that received the above construction work is D, and at the time, the defendant introduced the construction work temporarily with the position of a business director of the above company, and did not have any authority to operate the above company, and therefore, there was no authority to receive the payment for the completion of the above construction work from the victim, and there was no authority to receive the payment for the completion of the above construction work. While there was no specific property or income at the time, the amount of delinquent tax exceeds 98 million won and there was no living expenses, and most of the above borrowed money is expected to be used in a personal room such as living expenses, and therefore there was no intention or ability to use the above borrowed money for resolving overdue interest to the owner of the building or for obtaining a guarantee from the owner of the building for the subcontract with the victim.

Nevertheless, the defendant deceivings the victim as such, and consequently, the defendant is at the same place as the victim's place of residence with KRW 10 million and around the 30th of the same month.