A defendant shall be punished by imprisonment for not more than ten 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

On October 9, 2014, the Defendant told the victim E to the effect that the Defendant would pay an apartment as substitute for an apartment as the price for electrical construction after the completion of the apartment construction, at the D office located in Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun, and that the Defendant would pay the said apartment as substitute for an apartment.

However, at the time, the defendant was bad credit standing, and the construction is being conducted with a considerable loan from the financial institution, the apartment was under the situation of providing it as security to the financial institution when the apartment is completed, and even if the victim did not have the intention or ability to pay apartment as substitute, even if it was done by electrical construction.

Ultimately, the Defendant, as seen above, made the horses false, had the victim do the F apartment construction from November 2015 up to the market price of KRW 90 million, from that time to that of the damage, and acquired financial benefits equivalent to the same amount due to the failure to pay the price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H, and some legal statement of witness I in the court;

1. Complaint;

1. Application of Acts and subordinate statutes on contract contracts, written confirmation, and certified copies of each register;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The defendant and his defense counsel's assertion as to Article 62 (1) of the Criminal Code of the Suspension of Execution (the following grounds for sentencing) and the defense counsel's assertion that the defendant's failure to pay the price to the victim would have deteriorated the economic circumstances of the defendant after the construction of the instant case, and that the defendant's failure to pay the price to the victim would not have made the payment due to the aggravation of the defendant'

The following circumstances acknowledged by the above evidence, i.e., the construction by obtaining a considerable amount of loans from financial institutions at the time when the Defendant was responsible for the instant apartment construction.