A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 24, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on April 7, 2016.

1. On February 2013, the Defendant entered into a contract for construction work with the victim E at the Seocho-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) on the ground that “The Defendant would pay KRW 35 million to the victim by February 20, 2013, by providing the victim with KRW 5 million once a week every week from the year of the construction without the down payment.” On February 20, 2013, the Defendant entered into a contract for construction work with the victim on the ground that “the victim would pay KRW 35 million each time until February 20, 2013, the Defendant would pay KRW 50 million each time by adding up KRW 50 million to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior area and KRW 15 million for construction work until March 31, 2013,” and paid KRW 50 million each time until April 25, 2013.

However, the defendant, at the time, bears a large amount of obligation, such as approximately KRW 20 million with personal debt, approximately KRW 20 million with bonds, and there was no intention or ability to pay the above amount even if the injured party completes the above work.

Nevertheless, the defendant did not pay the above construction cost of KRW 50 million even after the injured party completed the above construction work, thereby acquiring property benefits equivalent to the above amount.

2. Around March 10, 2013, the Defendant concluded that, “Around March 10, 2013, the Defendant would pay KRW 35 million from May 1, 2013 to June 29, 2013, including rental rental of KRW 20 million to the victim E with the funds to purchase health appliances to be used in the volatile club by selling the vehicle.”

However, at the time, the defendant bears a large amount of obligations such as KRW 20 million, KRW 20 million, KRW 50 million, and KRW 50 million as stated in paragraph 1, and even if he/she borrows money from the injured party, he/she did not have any intention or ability to repay it.

Nevertheless, the defendant is the defendant around March 10, 2013 under the pretext of borrowing from the injured party.