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

Punishment of the crime

On October 22, 2014, the Defendant concluded a contract to construct a new building at the coffee shop located in Busan East-gu, Busan-gu, Busan-do, and shown to the Victim L with the name of the director of K, and “B” is a director of K.

It is intended to build a new commercial building including the processing of the approval and permission matters with the commencement of new construction works in the main place.

“.......”

However, in fact, the Defendant was not a director of K, and was unable to properly construct the construction site, and the construction cost of this site was partially required to be used as another site construction cost, and there was no intention or ability to appropriately execute the construction work even if the Defendant received the payment from the injured party, such as the removal of the existing building in the construction site and the failure to comply with the administrative procedures including the report of removal.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of 29 million won as the starting money for the construction work from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. A complaint - A new construction contract and a written estimate;

1. Application of Acts and subordinate statutes on account transfer;

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act for sentencing of the crime of this case on the basis of the pertinent provision of the criminal facts and Article 347(1) of the Criminal Act for the selection of punishment is a fraud by the Defendant from the damaged person under the name of the commencement of construction work, and is not proper to recover from damage.

However, in light of the fact that the defendant is against the defendant, the amount of 14 million won out of the money acquired through deception seems to have been used for construction expenses, and other circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case, the sentence like the order shall be imposed.