A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant, as the representative director of the corporation C, had no property such as real estate, deposit, etc., bear approximately KRW 1550 million in total, including unpaid taxes and personal debts, and therefore, even if he subcontracted the construction of the F Welfare Facilities contracted by the corporation E operated by D, he did not have the intent or ability to pay the construction cost, but he had the victims not paid the construction cost after having the victims do the said construction work through G, a director of the corporation, through G.

1. Fraud against victim H;

A. On December 6, 2012, the Defendant: (a) ordered G to make a false statement to the victim H at the F construction site located in Gucheon-si I that “I would pay the construction cost immediately after one month from the date of completion of the construction, if the interior construction, such as the ceiling, wall, partitions, and floor of the F Welfare Facilities, is revoked.”

However, the victim did not have the intention or ability to pay the full amount of the construction cost even after the above construction work.

The Defendant had the victim perform interior construction from December 8, 2012 to January 11, 2013, but did not pay KRW 1375,00,000 to the victim, thereby acquiring economic benefits equivalent to the same amount.

B. In February 2013, the Defendant: (a) called the victim on the top of the early police station in order to force G to make a false statement to the effect that “The Defendant shall suspend construction works in the Haakdong and construct F Welfare Facilities in the Hayangdong-dong. If the interior construction, such as the ceiling and the wall, is completed, the Defendant would pay the full amount of the construction cost in addition to the construction cost incurred in the Hayangdong-dong.”

However, the victim did not have the intention or ability to pay the full amount of the construction cost even after the above construction work.

The Defendant did not require the victim to perform interior construction works from March 25, 2013 to April 3, 2013, and did not pay the cost of construction KRW 16.5 million.