A defendant shall be punished by imprisonment for one year.

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

Around November 2014, the Defendant, as an operator of a private individual (ju) E in the implementation of the construction of a new commercial building in the Nam-gu Incheon Metropolitan City, concluded a contract for the construction of the said commercial building with the victim (hereinafter “victim”) F (hereinafter “victim”) on behalf of the owner of the construction on behalf of the owner of the construction, and agreed to reduce construction cost of KRW 100 million on the basis of the above payment amount around April 20, 2015 when the victim company had the victim company implement the relevant construction, and agreed to cancel the construction with the victim company on the basis of the above payment amount. As for the remaining construction portion, the Defendant borrowed money from the owner of the said new commercial building to the effect that the private individual (ju) who was the contractor of the said new commercial building and continued the construction, the victim company is necessary to implement the construction of the said commercial building from the victim company.

On May 24, 2015, the Defendant borrowed KRW 100 million from the same person’s beliefing that “Around May 24, 2015, the Defendant shall pay the construction cost to H, an executive officer of the victim company, a heat supply and demand contract with the owner of the building in relation to the D implementation project, and the Defendant shall pay the amount of KRW 100 million upon borrowing from the owner of the building, and the borrowed amount shall be repaid within one month after receiving the money borrowed from the owner of the building in relation to the D implementation project.”

However, even if the defendant borrowed funds as above, he did not have a plan to pay construction cost charges to the State (State) and did not have a loan to be repaid from the G (State).

B. The Defendant did not have the intent or ability to repay the borrowed money of KRW 100 million due to the absence of any particular property owned by a financial institution as an bad credit holder.

As such, the Defendant, by deceiving H, received money of KRW 100 million from the victim company and acquired it by transfer.

Summary of Evidence

1. Each legal statement of the witness H and J;

1. The defendant;