A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 2012, the Defendant, without any specific plan on the construction cost and security value of a factory, established a corporation and borrowed the construction cost of a factory on condition that the construction business operator repays the construction cost by receiving a loan after the completion of the factory. The Defendant had the construction business operator pay the construction cost on condition that the loan secured by the factory falls short of the total obligation, and had the corporation be exempted from the liability by transferring the loan secured by the factory.

On August 2012, the Defendant: (a) established C, a corporation mainly for the production of reinforced soil; and (b) concluded a contract for green soil construction work with the victim F when entering into the said contract with the victim F at the Government-Si office of “E” located in Dong around October 2012; (c) obtained a permit for the completion of a factory; and (d) made a false statement to the effect that the construction payment will be paid by January 23, 2013.

However, even if the construction of the factory is completed, the defendant does not know accurately whether it is possible to repay all the existing debts related to the construction of the factory, and in the site of the factory which is the object of the loan, it is unclear whether the secured debt amount is 80 million prior to the establishment of prior collateral security right, and whether it is possible to repay all the debts, and in the situation where it is unclear whether the secured debt amount is able to repay all the debts, there was no special payment plan for the construction payment if the loan is not made, and there was a large number of the liabilities and loans that have not been paid in connection with the construction of the factory, while the defendant did not have any intent or ability to pay the construction payment even if the construction is paid

As such, the Defendant, by deceiving the victim as above, had the victim do so, and had the victim do cryp construction work before the middle of October 2012, thereby acquiring the pecuniary benefits equivalent to KRW 39,670,000 for construction cost.

(i) the evidence;