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

On July 201, the Defendant stated that “Around the end of Ansan-si, the Defendant would pay in cash all the construction cost to D, who operated the Victim C corporation at a mutual infinite cafeteria located in the Jinsan-dong of the member-gu, Ansan-si.” The Defendant said that “I would pay in cash the construction cost when I received a flood control construction order from the gold Construction. I would be able to do so from the Kinho-si Construction. If I would receive the construction cost from the Kinho-si Construction, I would immediately pay in.”

However, in fact, the Defendant had already received KRW 140,00,000 as advance payment out of the total construction cost of KRW 170,00,000 from the Hoho Construction in relation to the above construction, and the Defendant’s speech was false that he had not yet received the construction cost from the Hoho Construction. At the time, E Co., Ltd. operated by the Defendant had a debt amounting to approximately KRW 800,000,00,00, such as the guaranteed debt against the Credit Guarantee Fund, and the said advance was used as the repayment of the debt and the company’s operating expenses. Therefore, the Defendant had no intention or ability to pay the payment differently to the victim

Around September 15, 2011, the Defendant entered into a construction contract with the E office located in Ansan-si, Seoul-si, Seoul-si, with the term “from September 16, 2011 to October 15, 201”; the term “136,400,000 won”; and the term “the payment date for the construction work” as “the 10th day of the following month after the closing of the payment period”; and the victim was provided with construction works equivalent to the said construction cost during the said construction period.”

Accordingly, the defendant acquired property benefits by deceiving the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of an agreement, tax invoice, construction contract, subcontract agreement of construction works, and written claim Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.