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

Punishment of the crime

On April 2017, the Defendant is the owner of the new T-Housing Construction Corporation at the time of the new construction site of the RJ in Gyeonggi-si, Gyeonggi-do.

The construction cost will be 2.68 billion won as a subcontract for a new housing construction project. The construction cost will be 10 million won. The construction project will also be paid up and subcontracted by June 5, 2017.

“A false representation was made.”

However, some of the sites of the said new housing construction site is an area where a building permit is not granted due to steel tower, and some of the sites are difficult to perform a new housing construction project because the original subcontractor did not file an application for a building permit, etc. Therefore, it was unclear whether the Defendant is entitled to subcontract to the victim. At the time, the Defendant did not have any intent or ability to repay even if he borrowed KRW 10 million from the Defendant, because of economic difficulties to the extent that it is difficult for the Defendant to repay the amount of KRW 50 million, such as materials cost and borrowed money.

On April 5, 2017, the Defendant: (a) by deceiving the victim; (b) obtained from the victim, a check of KRW 10 million from the “V” coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul; and (c) acquired it through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police against S;

1. The loan certificate;

1. Application of Acts and subordinate statutes to replys following cooperation with an investigation;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, conditions unfavorable to the reasons for sentencing of imprisonment: The injury has not been recovered at all, and circumstances that are favorable to the majority of the punishment records for the same kind of crime: Taking into account all the conditions for sentencing, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime;