A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On February 20, 2015, the Defendant made a false statement to the effect that “The Defendant, at Asan P&C office located in the Dasan Eup in the postal administration Eup, subcontracted the ancillary civil works in KRW 1.2 billion if he/she lends money to the victim C to undertake the civil works on the F site located in the D and E, and would allow the said construction works to be carried out if he/she later constructs a building on the said site.”

However, in early 2013, the Defendant entered into a contract with D and E for the construction of F site and the removal of illegal buildings. However, among the civil construction works, the civil construction works incidental to G and E had already entered into a subcontract with G to re-subcontracts to the victim, not only was registered as a bad credit holder due to tax delinquency, but also did not have any intent or ability to perform the said construction work normally, such as the amount of debts up to KRW 50 million. The Defendant thought that the damaged person will use the money borrowed for personal purposes, such as cost of living, not cost of construction, and there was no intention or ability to borrow money from the damaged person due to no particular property or income.

Nevertheless, the Defendant, as above, makes a false statement to the victim and as such, at the bank account of the Defendant on March 9, 2015, KRW 50 million around March 9, 2015; KRW 500,000 around the 27th of the same month; KRW 30 million around the 30th of the same month; and

4. Each remittance of KRW 20 million around 29.20 million for the same year.

4. The date of non-permanent issuance of three million won in cash.

Accordingly, the defendant acquired a total of 18 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (G and telephone call), an investigation report (specific amount of damage), and an investigation report (to hear statements from witnesses);

1. A contract for civil engineering works, a standard contract for private construction works, a quotation, or a written waiver;