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

On March 15, 2017, the Defendant paid KRW 43 million to the victim B for the construction of the studio building that is newly constructed in PYA at PYA.

“Falsely false.”

However, in fact, the Defendant did not have the intent or ability to pay the construction cost at the time of the promise, even if the injured party had to pay the unpaid construction cost at another construction site, in the event that the Defendant was obligated to pay the interest equivalent to KRW 6 million per month due to the personal loan obligation.

As above, the Defendant: (a) by deceiving the victim; and (b) had the victim complete the construction work of the building newly constructed from March 15, 2017 to September 2017; and (c) acquired the pecuniary benefits equivalent to KRW 43 million for the construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against B;

1. A copy of the passbook in the name of D, a detailed statement of entry and withdrawal, and contract;

1. Each investigation report (Evidence Nos. 13, 14, and 41) (Evidence No. 13, 14, and 41), the defendant's assertion that the defendant did not pay part of the construction price to the victim, but

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, the defendant's above assertion should not be accepted, since the facts constituting the crime in the judgment are recognized.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is not to be mitigated, and unfavorable circumstances, such as the fact that the defendant’s fault was not less than 17 times of criminal records, including the same criminal record, and that 10 million won has been paid to the victim out of the money obtained by deception, and other favorable circumstances, such as the defendant’s age, environment, means and consequence of the crime, details of the crime, and circumstances after the crime, etc.