A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a representative of B, the representative of C, and a person awarded a contract for metal, windows, glass, hardware, and roof construction among new construction works for housing in Gangwon-do.

On March 31, 2017, the Defendant entered into a subcontract with the victim F to the said construction site office, stating that “The owner may give money before the completion of the construction because there is a large amount of money to the project owner, and the owner will give money to 15 days after the completion of the construction at the latest,” and that “the construction cost shall be paid at KRW 23 million.”

However, in fact, the defendant was delinquent in taxes at the time, and even if the victim completed the roof cream construction due to the lack of special property or income, there was no intention or ability to pay the price.

As above, the Defendant, despite deceiving the victim, had the victim complete the above roof cream work worth KRW 23 million from April 21, 2017 to April 27, 2017, the Defendant did not pay the construction cost, even though he had the victim completed the above roof cream work.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Written complaint and written estimate;

1. Application of Acts and subordinate statutes to the police statement to F and G;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Details of the crime on the grounds of sentencing under Article 62 (1) of the Criminal Act, the amount of fraud, the fact that part of damage has been recovered, the victim's punishment is not punishable, other character and behavior, environment, circumstances before and after the crime, etc.;