A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

Around May 15, 2013, the Defendant made a false statement to the victim F at the E-Medical Center Office located in Asan-si, Asan-si, stating that “The 34,500,000 won will be paid for fire-fighting facility protection facilities for the elderly. The construction cost will be paid within 15 days as the construction work is completed.”

However, the defendant had no intention or ability to pay the amount properly, even if he is responsible for the work to the victim due to financial difficulties, such as having to pay approximately KRW 200,000 to the customer, the lender, etc., due to the shortage of funds while running several projects.

The Defendant had the victim complete the fire-fighting system installation from around that time to July 15, 2013.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 34,500,000 won of the construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Confirmation sources of G;

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes to the standard contract for construction work, certificate of inspection and loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant's assertion that Article 62 (1) of the Criminal Act provides that the defendant's assertion that the suspended execution does not pay the construction cost to the victim because he/she did not receive the additional construction cost from the owner, but does not entrust the victim with construction work from the beginning.

In other words, the following circumstances acknowledged based on the evidence examined earlier, namely, ① the Defendant, upon entering into a contract with the victim on March 27, 2013, paid the remainder at the time of completion of the work, but failed to pay the remainder. On May 15, 2013, if the victim completed the fire-fighting system installation work for the elderly’s sanatoriums, the remainder of the H Welfare Center and the cost for the fire-fighting system installation work for the elderly’s sanatoriums after the completion of the elderly’s sanatorium.