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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Highest 1671] Defendant on June 18, 2015

D. At the EE office for the management of the defendant in heading 1504, the victim F will be entrusted with civil engineering and steel contact construction among apartment construction in G and 14 lots of apartment construction in the official city, G and 14 lots of apartment construction and will proceed with construction 10 days after entering into a subcontract.

In that sense, it refers to the purport that the design cost and the starting cost to be paid for viewing need to be loaned to it, and the construction work (e.g., level) schedule was prepared.

However, in fact, since the executor did not pay the land price to the owner of the above land, it was not scheduled to start the construction work, and since the company's operating expenses, living expenses, and personal debts need to be repaid money, even if it borrowed money from the damaged party, it did not have the intent or ability to use the design cost and the commencement cost related to the construction or to subcontract the construction work.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the transfer of KRW 50 million in total, including KRW 10 million around June 18, 2015, around July 2, 2015; and (c) KRW 10 million around July 13, 2015, from the victim’s account in the name of the Defendant; and (b) obtained the money from the victim.

[2017 Highest 3569] On March 3, 2016, the Defendant told the victim K to pay KRW 24 million to the construction cost in the J Building site container located in Sejong City at Sejong City.

However, the Defendant did not have any property at the time of the commencement of the instant construction work, and even if the construction cost was received from the owner, it was thought that it would be used to repay the company operating expenses, living expenses, and personal debt, and thus there was no intention or ability to pay the construction cost normally even if the victim completed

The defendant deceivings the victim as above and caused the victim to do so. From April 15, 2016 to May 13, 2016, the defendant was parking alley.