A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

From around 2007, the Defendant operated D Co., Ltd. in Bupyeong-gu Incheon, Incheon. From around 2015, the Defendant leased construction equipment from victim F operating E and performed civil engineering work.

On June 14, 2016, the Defendant called the victim at the above D office and made a false statement to the effect that “only KRW 100,000,000 to be used as operating expenses from among the equipment rent received from the construction in the following month as interest.”

However, in fact, the Defendant had the obligation to pay the construction cost of KRW 4-5 billion, and upon completion of the construction work, the Defendant operated the company in the form of a return to repay the existing debt that was paid to the other construction site upon completion of the construction work. On April 2016, the Defendant was in a situation where the installation cost was suspended for 50 days at the wind of the equipment engineer’s death at the G Apartment apartment construction site and the wage, equipment rent, etc. was not paid even though the construction cost was not paid continuously, and the Defendant would pay the construction cost directly to the subcontractor in the construction and large-scale industry, etc.

Since there was no defective construction cost, there was no intention or ability to repay money from those who borrowed money in order to repay the existing debt, so there was no intention or ability to repay the money from the damaged party.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim, to the bank account H in the name of the Defendant, and transferred KRW 19 million in the above manner on the 16th of the same month, and received the remittance of KRW 19 million in around the same month.

7. Around 15. Around the same day, a total of KRW 194,00,000,000,000 was remitted and acquired through the above means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes to investigation reports (I or F telephone recording reports);

1. Relevant Article 347 (1) of the Criminal Act and each of the imprisonment with prison labor for the criminal facts;