A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 10, 2012, the Defendant made a false statement to the victim at the construction site of a new multi-household house located in the Crossing-gun in Gangwon-do, the owner of the building, stating that “E does not use this money for the construction cost, so E will not be responsible for the construction cost, and complete (direct) construction.”

However, the Defendant had been urged at the time to pay the construction cost to the subcontractors related to the above construction project, and the Defendant had no intention to complete the construction of the above multi-household house even if he received the construction payment from the victim.

Accordingly, on September 10, 2012, the Defendant, by deceiving the victim as above, received KRW 150 million from the Defendant’s bank account (Account Number F) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. In the application of Acts and subordinate statutes, investigation reports (suspects, submission of data), detailed statement of submission of suspects, statement of disbursement of suspects, statement of passbook transactions, statement of passbook transactions, written contract for construction submitted by complainants, matters stipulated in special agreement on construction contracts for G buildings, details of account transactions, receipts

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [the scope of recommending punishment] General Fraud and the basic area (1 to 4 years) (1 to 50 million won) of the sentence [the decision of sentence] of this case is the case in which the defendant, who is the contractor, deceivings the victim who is the owner of the building in order to pay the construction cost, and is not less than the liability for the crime, such as the fraudulent amount, is not less than 150 million won, and the fraudulent amount has not been repaid as well as the name has not been repaid.

However, the sentencing conditions shown in the records, such as the fact that errors are recognized, the fact that there is no power of the defendant, and the age, character and behavior, environment, etc. shall be determined as ordered.