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

On March 29, 2019, the Defendant made a false statement to the victim B by phoneing the victim B to the effect that “The construction cost of KRW 70 million is at least 70,000,000,000,000,000 from the 1st floor bowling site in Seongbuk-gu, Sungwon-si, Sungwon-si, Seoul, would be late until the end of April 2019 (hereinafter “instant construction”) will be completed, first of all, the Defendant would have changed the amount of KRW 40,00,000 as the down payment and intermediate payment.”

However, the Defendant was urged to pay approximately KRW 40 million due to the failure to pay the labor cost and material cost incurred at another construction site, and not only did it have been required to implement the instant construction work, but also did not think that most of the construction cost paid by the victims would be used for the land distribution project unrelated to the instant construction project. However, even if the Defendant was paid the construction cost from the victims, it did not have any intent or ability to undertake the instant construction work.

The Defendant: (a) by deceiving the victim as above; (b) received 40 million won from the victim’s account in the name of the Defendant on the same day; and (c) on April 7, 2019, the Defendant continued to make a false statement to the effect that “the victim is urgently required to pay the amount; and (d) before making a prior payment of the construction cost of KRW 10 million” by telephone; and (b) was remitted from the victim to the account in the name of the Defendant on the same day.

Summary of Evidence

1. Two copies of the detailed statement of transactions in the accusation B in the police interrogation protocol (two times) concerning the defendant who has made a statement in part of the protocol of interrogation of the suspect against the defendant who has made a statement in the witness B of the part of the defendant's legal statement, and three copies of the written indictment concerning each transaction account (the grounds of guilt);

1. Whether a certain act constitutes a deception shall be determined generally and objectively, taking into account the situation of transaction, the other party's knowledge, experience, occupation, and other specific circumstances at the time of the act, and the criminal intent of defraudation, which is a subjective constituent element of fraud, is not the confession of the accused.