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

Punishment of the crime

On December 11, 2015, the Defendant, within the office of the Defendant located in Daejeon-gu Daejeon-gu, Daejeon-gu, said that “A victim D may have a road construction work on the access road located in the Gyeongnam-nam Changwon in E (State) where the chairperson is the president of the city, and given a subcontract to the Party, 50 million won should be changed.”

However, in fact, E (State) is a company whose registration was cancelled on October 1, 2015, and there was no fact that he had been ordered to perform construction works on the road. Moreover, even if he was paid money from the injured party, he did not have the intention or ability to subcontract construction to the injured party from the beginning because he thought that he would use it as personal debt repayment and living expenses.

The Defendant, as such, by deceiving the victim, received a copy of the check from the injured party on the same day at the face value of KRW 20 million from the injured party, and obtained a delivery of KRW 50 million in total at the same place on December 21, 2015, such as receiving KRW 30 million in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. It asserts to the effect that there was no intention of defraudation because the Defendant received KRW 50 million from the injured party, but the Defendant had the ability and intent to carry out the construction work, such as investigation report (the confirmation of the counter-party fact at the third time of the Korea Construction Association, Chungcheongnam-do, Chungcheongnam-do) (the defendant and his defense counsel received KRW 50 million from the injured party), payment letter, letter, subcontract contract, etc.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the Defendant received a road construction permit from G for access roads.

However, there is no evidence to prove that the actual construction has been ordered, such as a construction contract contract, etc., and ② E (State) was cancelled on October 1, 2015, and thus, the victim could not proceed with the construction work.