A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, the fraud of the construction cost is acquitted.

Punishment of the crime

The Defendant performed modern construction from April 2012 to June 2013, 2013, and was engaged in a large-scale D site agent who ordered gas construction work.

1. On November 12, 2014, the defrauded of the borrowed money, at the point of “F” located in Changwon-si E, Changwon-si, the Defendant is going to go beyond the house to auction if the victim H who operates G Co., Ltd. does not put KRW 21 million up to the date of the payment.

On November 2014, when lending KRW 21 million, it concluded that the construction cost will be paid at that time on or after the end of November, 2014.

However, not only did there have been no increase in the construction cost, but also the money necessary to prevent auction has been limited to KRW 14 million, and was intended to settle the borrowed money together with the construction cost to be paid to the victim, and there was no intention or ability to repay until November 2014.

Nevertheless, the Defendant, as seen above, was falsified and then transferred KRW 21 million to the post office account in the name of the Defendant on the 13th day of the same month from the victim.

2. On November 9, 2014, the Defendant acquired credit card payments by fraud was false to the victim that “the mother would use it as hospital expenses and immediately return it to the victim at an influent place.” The Defendant borrowed credit cards. If the construction price is deferred, the Defendant would pay the credit card price.”

However, even if they are carded from the injured party, they were intended to use most for the purpose of not only the mother's hospital expenses but also the living expenses, and there was no intention or ability to pay the credit card price.

Nevertheless, the Defendant, as seen above, obtained a credit card from the injured party and used the amount equivalent to KRW 14,143,830 from November 9, 2014 to January 12, 2015, but did not pay the said amount, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the examination of the suspect of each part of the defendant to the prosecution (including each part of the statement of H);

1. The police of H. H.