A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[2] On February 10, 2012, Defendant 1 was sentenced to imprisonment with prison labor for fraud, etc. at the Gwangju District Court on April 20, 2012, and the judgment became final and conclusive on February 28, 2013 and the parole period has elapsed on April 6, 2013 during the execution of the sentence. ② On January 25, 2017, Defendant 1 was sentenced to imprisonment with prison labor for fraud, etc. at the same court on April 28, 2017, and the judgment became final and conclusive on September 7, 2017 (see, e.g., Supreme Court Decision 201Da3241, Sept. 7, 2017; Supreme Court en banc Decision 2011Da7241, Sept. 241, 201) was rendered on the same day (see, e.g., Supreme Court Decision 2010Do1381, May 28, 2014).

[2] On November 1, 2015, the Defendant was entering into a subcontract for the new construction project to be implemented by the victim D in the (ju) E Office operated by the victim D in Gwangju Northern-gu C and 201 on November 1, 2015 by the victim under the name of the (ju) H.

The construction work may be suspended due to the lack of payment from the enforcement company.

First of all, it was false to the effect that the construction will continue to be conducted on the face of the loan of KRW 80 million, and that the payment will be made by receiving the payment from the executor on December 21, 2015.

However, in fact, since the above construction was conducted at H, the Defendant did not have been performing the above construction, and there was no intention or ability to repay the said construction even if he borrowed money from the damaged party, since there was only a debt equivalent to KRW 5-60 million without any special property.

As such, the Defendant, by deceiving the victim as such, received the total sum of KRW 15 million around December 5, 2015, and KRW 65 million around December 8, 2015, from the victim as the borrowed money, and acquired the money by transfer from the victim.

Summary of Evidence

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