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

The defendant pays 50,000,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

1. Around April 2008, the Defendant made a false statement to the victim C by phone at a place that cannot be known to the Defendant, stating that “The Defendant would be ordered to construct an apartment complex with a large amount of million won in Songpa-gu Seoul Metropolitan Government, and materials cost, etc. need to be paid. If the Defendant borrowed KRW 35 million, he/she would have completed construction by using the materials cost, etc., and would have paid to the victim up to September 30, 2008, and would have paid 70 pro rata of the proceeds from construction.”

However, in fact, the defendant was declared bankrupt by the Seoul Central District Court in around 2007, and it was difficult to properly perform the interior work because it was difficult to maintain the financial status and failed to secure the construction fund, so there was no intention or ability to repay it even if he borrowed money from the victim.

On April 24, 2008, the Defendant, by deceiving the victim as such, received a remittance of KRW 35 million from the victim to the bank account in the name of the Defendant.

2. Around May 2008, the Defendant made a false statement to the victim by telephone at a place where it is not known to the Defendant, stating that “The Defendant would first repay the down payment of the interior works, when he/she receives the down payment of the interior works from the Indian Corporation in July 2008.”

However, the Defendant did not receive the construction contract deposit around July 2008, and even if he borrowed money from the victim due to financial standing difficulties as stated in paragraph (1), he did not have any intention or ability to repay it.

On May 27, 2008, the Defendant, by deceiving the victim, received one cashier’s checks of KRW 10 million and KRW 5 million from the victim’s wife at the coffee shop where the trade name in Songpa-gu Seoul is unknown.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Some statements made by the police and the prosecutor's protocol of examination of the accused;

1. Police officers and prosecutor's protocol of statement regarding E;

1. Agreement on the registration of subcontractors, borrowing certificates, receipts, details of issuance of cashier's checks, details of each account transaction, and bankruptcy cases;