A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On February 3, 2017, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for a crime of fraud at the Goyang Branch of the Jung-gu District Court on October, 2017, and the said judgment became final and conclusive on February 10, 2017.

[Criminal facts]

1. On October 13, 2015, the Defendant against the victim C made a false statement to the victim of the E office located in Pyeongtaek-gun, Gyeonggi-gu, Gyeonggi-do, that “The Defendant would pay the victim KRW 30 million in advance, and the remainder of the construction cost would be paid as soon as possible, the Defendant would complete the housing construction work as soon as the agreed period.”

However, at the time, the Defendant was in arrears with the amount equivalent to KRW 50 million national tax, and even if he was paid the construction cost due to financial standing of KRW 10 million, he did not have the intent or ability to complete the construction for the victim by using it as other local construction cost.

As above, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; (c) obtained KRW 30 million from the victim to the agricultural bank account in the name of F that was designated by the Defendant on October 14, 2015; (d) KRW 30 million as part payments around November 3, 2015; and (e) KRW 5 million as materials expenses around November 13, 2015; and (c) acquired KRW 65 million in total from the Defendant to the agricultural bank account in the name of F that was designated by the Defendant.

2. On October 19, 2015, the criminal defendant against the victim G made a false statement that “the defendant would pay the victim the price immediately upon delivery of the materials at the construction site,” by telephone, from the influence located in the Gyeonggi-si Group.

However, at the time, the Defendant was in arrears with the amount equivalent to KRW 50 million national taxes, and even if he was supplied with materials from the injured party due to financial standing of KRW 10 million, such as financial standing of KRW 10 million, there was no intention or ability to pay the said amount.

The Defendant, as seen above, by deceiving the victim, and by deceiving the victim from the victim, obtained from October 19, 2015 to November 30, 2015, a total of 8,270,000 won at the construction site of new construction in Gyeonggi-gu H, Gyeonggi-do, for seven occasions, from November 30, 2015, and acquired it by deception.

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