A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 21, 2015, the Defendant was sentenced to eight months of imprisonment for fraud in the Jinwon District Court's Jinju branch, and the execution of the sentence was terminated at the Changwon prison on June 18, 2016.

The Defendant is mainly operating a “B” entity dealing with wooden and artificial art works, and the victim C is mainly operating a “D” entity dealing with pel art works, etc.

On June 1, 2017, the Defendant entered into a contract with the victim for the construction of a new house for the Franchising F Co., Ltd. (hereinafter “the instant subcontract”) at the B office located in the Gyeongnam-gun, Chungcheongnam-gun, Busan-gun, and the Defendant entered into a contract with the victim to subcontract the construction cost of KRW 50 million (hereinafter “the instant subcontract”). On June 1, 2017, the Defendant stated that “The Defendant would pay KRW 30 million at the time of commencement of the construction and pay KRW 20 million at the time of demolition and half of the molded material after completion of the construction.”

However, in fact, the Defendant did not have the ability to pay KRW 30 million to the victim at the time of the commencement of the instant subcontract due to the situation other than the instant subcontract in which there was no funds held at the time, and the Defendant did not have the intent to use all the construction cost, material cost, etc. connected with the instant construction site and another construction site even if he received the down payment or intermediate payment from the owner of the instant subcontract, and even if he received the down payment or intermediate payment from the owner of the instant construction, he did not have the intent or ability to pay the said payment to the victim within the period agreed upon.

Nevertheless, Defendant 1 made a false statement to the victim and caused the victim to do so in relation to the instant subcontract, on June 27, 2017, and the same year.

8.3. Completion of the construction project at the end of the construction project, which is equivalent to KRW 50,000,000 for the total construction cost, was due to the failure to pay the price, thereby acquiring the same pecuniary profit from the injured party.

Summary of Evidence

1. The defendant's statement in court;