A defendant shall be punished by imprisonment for not less than eight 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

On October 2017, the Defendant made a false statement to the effect that “The Defendant would pay KRW 4 million as construction cost as the completion of the toilet construction work, when he/she was awarded this apartment at the time of the bid of this apartment,” and that “the Defendant would pay additional construction cost as the completion of the toilet construction work” to the victim who continued to start the toilet construction work. The Defendant made a false statement to the effect that “The Defendant would pay additional construction cost as the completion of the construction work, as if it would be from the end of the construction work.”

However, even if the Defendant had paid money, the Defendant used it in another place and did not think that the victim would pay the construction cost by day. Therefore, the Defendant did not have any intent or ability to pay the construction cost even after the victim completes the construction work

The Defendant had the victim do construction work from October 21, 2017 to November 10, 2017, including toilets, etc. equivalent to KRW 6,350,00,000 among the construction cost.

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

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of the register;

1. Written estimate;

1. A specification of transactions;

1. Details of passbook transactions with the National Bank;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.