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

[2018 Highest 415] Around September 15, 2017, the Defendant made a false statement to the victim C-owned commercial building located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, that “The Defendant would have the victim carry out remodeling construction of toilets and building stairs for the first to third floor of the commercial building.”

However, even if the Defendant received the construction cost, he thought that most of the Defendant would use it as personnel expenses in other construction sites, and he did not have any intention or ability to continue the construction work properly.

The Defendant acquired money from the victim as a total of KRW 10 million on the same day, and KRW 20 million on September 25, 2017 from the victim to the account under the name of the Defendant.

[2018 Highest 681]

1. On December 4, 2017, the Defendant committed the crime against the victim D at the construction site of an officetel located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu Office, the Defendant made a false statement to the victim D, stating, “The Defendant would pay the victim by receiving the payment from the original office to the next day after completing the work.”

However, in fact, even if the defendant received the construction cost from the FIO, he did not have the intent or ability to pay the construction cost to the victim because he thought that it will be used for personal purposes, such as living cost.

As above, the Defendant, by deceiving the victim as above, had the victim do so up to the 17th day of the same month, and had the victim do so, and did not pay 1,650,000 won for construction cost, thereby acquiring property benefits equivalent to the same amount.

2. On December 2017, the Defendant made a false statement to the victim F that “The Defendant would pay the victim F by the following day after receiving the payment from the original office on the front side of each head of the officetel work, on the front side of the construction site specified in paragraph (1) of this Article.”

However, even if the defendant receives the construction price from the credit holder or the original office at the time, he/she shall use it for personal purposes, such as living expenses.