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 became final and conclusive.

Punishment of the crime

On October 14, 2014, the Defendant completed the distribution warehouse of the new company at the time of the construction period of 90 million won and 25 days in the office E of the limited company E of the victim D in the Namwon-si, Namwon-si.

"Falsely, the contract for construction works was entered into with the victim with the same content as the victim."

However, in fact, although the Defendant was not a constructor but a construction business registered or arranged, it was committed as if the Defendant was a constructor by hiding it. The Defendant was liable to pay a lot of debts without any particular property at the time, and the Defendant received money from the injured party as the cause of the construction work payment, he did not first consume it for the purpose of personal debt repayment, etc., and then, he did not intend to complete the construction as agreed even if he received the construction payment from the injured party, and then, he did not have any intention or ability to complete the construction as the promise, because he did not use it first again

The Defendant, on October 29, 2014, received KRW 15 million from the injured party as a result of the construction work, around February 18, 2015, KRW 10 million around March 30, 2015, KRW 5 million around March 30, 2015, and KRW 60 million in total from the post office account (Account Number:F) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the police against the defendant (including DNA statements);

1. Statement made by the police against D;

1. Complaint;

1. Standard contract for private construction works;

1. A copy of the transaction details of passbook, account transaction details, and account transaction details;

1. Letter of waiver of the construction, letter of payment, letter of payment, or letter of payment for ready-mixed;

1. Inquiry into details of financial transactions (A);

1. Application of Acts and subordinate statutes to an investigation report (G monetary content report), an investigation report (H currency content report), and an investigation report (I currency content report);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 of the Criminal Act: