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

1. On December 201, the Defendant made a false statement to the effect that “The Defendant would pay rent if he rents equipment, such as scrails, to the victim D in order to proceed with the construction of access roads to the factory site in Busan Metropolitan City.”

However, the defendant had no intention or ability to pay the rent properly even if he rents the equipment from the victim due to the obligation incurred at another construction site, such as failure to pay the wage to the workers employed by the defendant at the end of 2010.

Accordingly, the Defendant, by deceiving the victim as above, acquired the pecuniary benefits equivalent to KRW 6870,00,000 for the rent by leasing three cream trucks from the victim.

2. On January 24, 2013, the Defendant made a false statement that “The Defendant would have built a detached house in Daegu-gu Seoul-gu G at a cafeteria for the victim F management in Nam-gu, Daegu-gu, stating that “The cost of construction will be KRW 65 million.”

However, as mentioned in the above Paragraph 1, the defendant has already been in the state of economic failure since 2010, and even if he has received the payment of the construction price from the victim, he used it for an individual purpose, such as repayment of other obligations, and did not have an intention or ability to construct the sole

Accordingly, the Defendant, by deceiving the victim as above, received KRW 3.3 million from the victim, KRW 35 million on February 4, 2013, KRW 35 million on February 7, 2013, and KRW 17 million on July 24, 2013, respectively, and acquired financial benefits equivalent to KRW 55.3 million on July 24, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. A modified contract agreement on construction works;

1. Each statement of trading (one investigative record, 21-23 pages);

1. Two copies of the results of the investigation (3 68, 69 pages of the investigation records);

1. Each photograph;

1. Determination of the defendant's assertion of credit information inquiry and credit report