A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2016. 7. 25. 부산 기장군 C에 있는 피해자 D 사무실에서, 피해자 회사의 기술부장 E에게 “ 공사대금으로 6,800만 원을 주면 부산 F에 있는 마트 신축공사의 철골, 판 넬, 샷 시, 유리 등 공사를 2016. 7. 25.부터 진행하여

8. To complete all until October 20.

“.....”

However, in fact, from December 2015, the Defendant, as the vice head of the Construction Work for the H “H” church located in the Geum-gu Busan Metropolitan Government G, was unable to receive the payment of the construction cost from the contractor, and, from the end of December 2015, most of the labor cost of the employees at the construction site of the said construction site has deteriorated by paying the construction cost with their own funds, and there was no capital to raise any particular property or construction work, and there was no intention or ability to complete the construction work, even if the Defendant was to use part of the construction cost to be paid from the damaged party for other construction sites, such as the construction of the said church, the construction of the electric house located in the Yangsan City, the construction of the electric house located in the Busan Metropolitan City, the construction of the boiler boiler room, and the remodeling of the Busan Metropolitan City L Building.

Nevertheless, on July 25, 2016, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the Busan Bank account (O) in the name of the representative MN in his/her business relationship with the Defendant as the down payment; and (c) received KRW 15 million in the name of the national bank account in the name of the Defendant’s wife P on August 5, 2016; (b) received KRW 5 million in the name of the intermediate payment as the payment for the construction work around August 10, 2016; and (c) received KRW 27.6 million in the name of the advance payment for the purchase of materials around the 10th of the same month; and (d) received KRW 57.6 million in the name of the purchase of materials around the 31st of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and R;

1. Application of Acts and subordinate statutes on trading;

1. Criminal facts;