A defendant shall be punished by imprisonment for six months.

The defendant will pay 3.5 million won to the applicant by fraud.

Punishment of the crime

"2018 Highest 1006"

1. On August 2017, the Defendant concluded that, at the E office located in Busan Metropolitan City Shipping Daegu D, the Defendant would compel the victim F to implement housing remodeling works by the victim’s at the end of October 2017, 201, where the Defendant paid the victim F with the amount of KRW 16 million from the construction cost of KRW 90 million to KRW 16 million.

However, the Defendant had no capacity or intent to complete the said interior construction work within the time the Defendant promised with the victim because it did not receive the funds from the customer due to the lack of the construction cost, and even if the Defendant received the construction cost from the injured party, the Defendant tried to use the funds in repayment of obligations to the customer in another construction site, and there was no different method to cover the construction cost, and there was no other way to complete the said interior construction work with the victim.

Nevertheless, the defendant deceiving the victim as above and transferred the sum of KRW 60,000,000,000 to September 2, 2017, 14.15 million of the same month, and KRW 26.35 million of the same year and KRW 60,000,000,000 from the victim under the pretext of paying down payment for the construction work and appropriation of materials.

Accordingly, the defendant was given property by deceiving the victim.

2. From around 2002 to May 2018, the Defendant violated the Framework Act on the Construction Industry: (a) a person who runs interior construction business; (b) a person who intends to perform interior construction work, the estimated cost of which exceeds KRW 15 million, without registering the construction business with the Minister of Construction and Transportation; (c) entered into a contract for interior construction work with the contractor F and the construction cost of KRW 90 million to KRW 1.6 million from the end of August 2017 to October 2017 with the name of “H” in the E office located in Busan Shipping Daegu-gu, Busan, without registering the construction business with the Minister of Construction and Transportation.

Accordingly, the defendant runs the construction business without registering it with the Minister of Construction and Transportation.