A defendant shall be punished by imprisonment with prison labor for up to six 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

Around July 2013, the Defendant stated in C that “A victim C will have a detached house constructed and completed the construction of the detached house until August 20, 2013, on the face of three weeks, at the time of three weeks, the construction cost of KRW 60,000,000, including the contract deposit of KRW 30 million.”

However, in fact, the Defendant had no intention or ability to construct a detached house within the agreed time limit, as the Defendant was planning to repay other obligations equivalent to KRW 30,000,000 to the Defendant, who had previously been charged with the payment of the construction cost by the victim.

Nevertheless, around July 26, 2013, the Defendant acquired the down payment of KRW 30 million from the victim to the deposit account (G) in the name of the FF Bank (G) used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (Hearing of the statement by the H phone of a witness), an investigation report (Hearing of the statement by the reference witness), an investigation report (to hear the statement by the reference witness), an investigation report (to hear the statement by the K phone of a witness), an investigation report (to hear the statement by the reference witness), an investigation report (to hear the statement by the M phone), an investigation report (to hear the statement by the phone of a witness),

1. [Investigation Report (Securing details of transactions in the name of the suspect) - Answers]

1. Application of Acts and subordinate statutes on details of transfer, contract, certified copy of cadastral map, photographs of construction site, electronic tax invoices, and specifications of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the construction has been delayed, taking into account the fact that the defendant was abusedd by a dangerous object from the victim, and that the defendant appears to have failed to continue construction any longer due to the case in the Chuncheon District Court 2014 Godan15

1. Social service order under Article 62-2 of the Criminal Act;