A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around June 2013, the Defendant made a false statement to the victim D that “The instant construction work has a electric source house of KRW 200 million (hereinafter “instant construction work”) in the building lodging house located in Taean-gun, Taean-gun, Seosan-si. However, the Defendant made a false statement to the effect that “The instant construction work shall be KRW 50 million if the construction work was performed to the extent of three months. If the construction work was not performed due to the lack of advance payment, the monthly interest shall be KRW 100,000,000,000,000 won, and the principal shall be repaid after one month.”

However, in relation to the above-mentioned construction, in around 201, E, a contractor, without paying the down payment or the construction cost, was prepared only on the condition that E, a contractor, receives the full payment of the construction cost after the completion of the construction work, and the above-mentioned E is not equipped with the basic fund for the progress of the construction work. The defendant was merely expressed by the above-mentioned E that he will perform the civil construction work in an amount equivalent to approximately KRW 300 million, not on the confirmed acceptance of the construction work, but on the other hand there was no ability to raise funds necessary for the progress of the construction work, and it was also difficult to predict how much the profit would occur if the construction is being carried out.

Furthermore, at the time, the defendant was registered in the register of defaulters, the transaction passbook was entirely seized, and the property was extremely poor.

Therefore, the defendant did not have the intent or ability to repay the borrowed money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained a sum of KRW 10,000,000 on June 20, 2013 and KRW 7,000,000 on June 24, 2013 from the victim’s post office account (F) in the name of the Defendant.

Summary of Evidence

1. Each legal statement of witness D, G and H;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement of transactions (No. 2 and 3 No. 13 of the evidence list);

1. The seizure and collection order of the claim; and