A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 23, 2012, the Defendant, at the “E Company” office operated by the victim D in Yongcheon-si, Youngcheon-si, the Defendant concluded that “The Defendant would extend 57 square meters of “26 million won at the face of the week” to the victim, and would complete the construction within 35 days from the face of the week, the Defendant would have to pay 6 million won after the completion of construction.”

However, in fact, the defendant thought that the defendant would use the money as the price for overdue wages and other materials at other construction sites even though he/she received the money from the victim as the price for the construction since he/she was under financial difficulties to the extent that he/she could not pay the wages of the employees properly, and therefore there was no intention or ability to perform

The Defendant, by deceiving the victim as above, received 15 million won from a corporate bank account (Account Number H) in the name of the F Company (G) under the name of the same day as the down payment, and received from the victim under the same year.

6.1. The above account was remitted to 5 million won under the same name and acquired the total sum of 20 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and I;

1. A protocol concerning the examination of suspect by the prosecution against the accused or D (the first-time examination of suspect);

1. A protocol concerning the examination of suspect by the police against the defendant, G, or D (two times, replacement);

1. Statement of D police statement;

1. A complaint filed in D;

1. Written statements of D;

1. Acceptance of a building report, building report completion certificate, details of consultation, consultation results, consultation letter, and architectural design drawings;

1. The Defendant and the defense counsel’s assertion on the investigation report (report on the hearing of witness) and the defense counsel asserted that part of the construction cost that the Defendant received from the victim was disbursed as wages at other construction sites, etc., and part of the construction cost was used as the purchase cost, etc. of the materials of the instant construction project. The Defendant and the defense counsel asserted that the Defendant did not intend to acquire the construction cost from the beginning on the ground that the instant construction was not properly paid

However, the foregoing.