A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

"2013 Highest 8386"

1. On June 28, 201, the Defendant, who is engaged in a building business, made a false statement that “The Defendant would construct a 4-story commercial building in Seo-gu Incheon, Seo-gu, Incheon, if he would pay the building cost,” in the DNA operated by the victim C (V) who is permanently residing in North Korea.

However, in fact, while the defendant did not own any property, the bonds have reached 180 million won, and the employees' benefits have not been paid properly, even if he received money from the victim as a construction expense, he was the intention to use it as personnel expenses for other construction sites or employees, and there was no intention or ability to construct a building equivalent to the construction cost.

Nevertheless, the Defendant, by deceiving the victim as such, obtained 50 million won on the same day under the pretext of construction expenses from the victim; 17 million won on July 21, 201; 50 million won on September 7, 201; and 310 million won on September 30, 201, including 17 billion won on September 30, 201; and 200 million won on the transfer of 10 million won to the national bank account in the name of the Defendant to the national bank account in the name of the Defendant, and acquired financial gains equivalent to 10 million won.

"2014 Highest 3061"

2. On March 26, 2014, the Defendant driven an F K5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.088% without obtaining a driving license from around 300 meters from the front of the multi-sea beach located in the Busan Seo-gu, Busan to the front of the sex enterprise located in the same Dong to the road in the same Dong.

Summary of Evidence

[2013 Highest 8386]

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. The police statement of H;

1. A copy of a complaint, a standard contract for private construction works, and a passbook for agricultural cooperatives [2014 Highest 3061];

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of criminal records), judgment, indictment, and application of Acts and subordinate statutes to search and output cases of courts;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and