A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 20, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for violating the Occupational Safety and Health Act in the residents support of the Daegu District Court, and the said judgment became final and conclusive on March 29, 2018.

On June 2016, the defendant stated that "the defendant will pay the construction cost to the victim within four days from the date when he executes the new construction of a factory in Gangseo-gu Busan Metropolitan Government E, while he executes the construction of a new factory in Gangseo-gu, Busan Metropolitan Government."

However, in fact, the Defendant had no particular property in bad credit for about 10 years, and at the time, the Defendant had no intention or ability to pay the construction cost normally within 4 days, even if the Defendant performed the construction work on the ground that there was a situation where the Plaintiff had already been negligent in failing to properly understand the drawings in connection with the construction work of the aforementioned factory.

Nevertheless, the Defendant: (a) by deceiving the victim as above and being provided with the creative construction work equivalent to KRW 15,000,000 from the victim; and (b) did not pay the construction cost of KRW 10,000,000, excluding KRW 5,000,000, which was paid in advance at the time of the contract as contract deposit; and (c) thereby, acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation reports (Attachment of separate investigation documents to a suspect), investigation reports (Adjustment of details, etc. related to several contracts for construction between a suspect and an accused);

1. A complaint;

1. Previous convictions: Criminal records, investigation reports (Attachment to a judgment of suspension of execution against a suspect), application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of damage in this case is not significant, and the defendant shall be punished twice by a fine for the same crime.