A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 21, 2018, the Defendant made a false statement to the effect that “The construction of retail stores for neighborhood living facilities located in Spocheon-si D is being done,” and that “the construction cost is insufficient, if the Defendant borrowed KRW 16 million from the ordering office, he/she will receive construction payment from the ordering office until September 2, 2018.”

However, in fact, the above construction cost is KRW 120 million, on the other hand, due to the lack of the Defendant’s funds, appropriated for construction cost by lending approximately KRW 120 million to persons other than the victim. However, the part of the civil engineering works performed around July 2018, which was collapseed and re-construction has to be performed. Therefore, even if the construction cost is paid, there was a lack of repayment of existing obligations and appropriation for the construction cost, so there was no intention or ability to pay the money borrowed to the victim by the ordering party by September 2, 2018.

The defendant deceivings the victim as above and received cash of KRW 16 million from the damaged party.

Summary of Evidence

1. Application of Acts and subordinate statutes on the standard contract for private construction projects with the defendant's legal statement C borrowed from police statements;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of a year;

2. Determination of sentence: The amount obtained by deceiving the victim by deceiving two years of suspended execution in April shall be 16 million won;

The criminal liability of the defendant is not easy.

However, the defendant recognized the crime of this case when it comes to this law, and is against the law, the defendant paid the amount equivalent to the principal and interest of the victim, and the defendant paid it.