A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 16, 2012, the Defendant told the victim E to the effect that “Around August 16, 2012, the Defendant sent KRW 31 million to the head of the Tong within the limit of KRW 31 million as the construction cost, as it reduces the civil engineering works of the D Elementary School.”

However, even if the defendant received construction cost from a person with bad credit standing who had no property at the time, he thought that he would use it as personal living cost, other field construction cost, etc., and did not have an intention or ability to complete the above civil construction work.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim, the total sum of KRW 31 million on August 16, 2012, and KRW 30 million on August 25, 2012 from the victim, and acquired it through the account (F) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Statement of the results of transfer management;

1. A standard contract for construction works;

1. Complaint;

1. Determination as to the defendant and his defense counsel's assertion on the business registration certificate, a certified copy of resident registration entry and departure transaction statement

1. The victim merely failed to complete the construction work while receiving a construction tender under the name of the victim, and did not intend to obtain fraud.

2. The following circumstances revealed by each evidence revealed in the judgment, i.e., the Defendant received the Defendant’s first payment of KRW 13.6 million on August 16, 2012 for the construction cost, and then used the Defendant’s loan of KRW 13.6 million to the H construction cost that was executed before the instant construction work, and used to the instant construction project only for the amount of KRW 500-8 million, and the remainder was used for the Defendant’s living expenses, etc.; and the Defendant used the instant construction cost as above, on the ground that the Defendant would have received the second progress payment for the instant construction work after receiving the second progress payment for the H construction cost.