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

Punishment of the crime

The defendant is a person who conducts a building business.

On June 2016, the Defendant: (a) around the early 2016, at a coffee shop near the Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun; (b) decided to receive construction cost in a lump sum upon completion of the contract with the owner of the building; (c) the Defendant loaned the amount of KRW 50 million to KRW 10 million.

However, on June 8, 2016, the Defendant concluded a contract with the owner D to proceed with the completion of building E in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, where the construction was discontinued, and set the total construction cost at KRW 87,20,000. Of which, 44,00,000 had already been used for the payment of unpaid material and personnel expenses, and upon completion of the construction, the construction cost at KRW 60,000 is required. Therefore, even if the construction cost promised by the owner of the building, it was difficult to repay the loan borrowed from the damaged party.

The Defendant, as such, by deceiving the victim, received a total of KRW 51,50,000 from the victim to the account under the name of the Defendant and the account in the name of F, as shown in the list of crimes attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Part B of the protocol concerning the interrogation of the suspect against the defendant

1. Statement made by the police in relation to B and G;

1. A complaint, a letter of complaint, and a letter (the person on December 13, 16, and November 1, 16);

1. A mortgage creation contract or a standard contract for private construction works;

1. A detailed statement of transactions between the complainant, a detailed statement of suspect transactions, and a detailed statement of transfer of construction expenses by the project owner;

1. Application of Acts and subordinate statutes to a report on investigation (the details of currency with the project owner, and the confirmation of approval for the use of a site constructed for suspect construction);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] of the general fraud category 1 (less than KRW 100 million) (one to one year and six months) basic area (the person who is in special sentencing).