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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal history] On September 21, 2016, the Defendant was sentenced to ten months of imprisonment for fraud in the Suwon District Court’s Pyeongtaek District Court on September 21, 201 and the judgment became final and conclusive on April 14, 2017.

[2] Around October 22, 2015, the Defendant entered into a contract for interior works as follows: (a) Gangnam-gu Seoul Metropolitan Government and the 10th floor of underground 10, and (b) the victim D with the purport that “to immediately pay the construction cost if he/she would do so by November 15, 2015; and (c) the victim D with the intention that “to immediately pay the construction cost if he/she would do so by November 15, 2015.”

However, the Defendant did not have any intent or ability to pay the price even after the completion of the construction work because the Defendant had any obligation to borrow KRW 50 million to G without any particular property or income.

The Defendant had the victim complete the interior work from October 22, 2015 to November 2, 2015, and did not pay KRW 15,500,000,000 for the construction cost, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. A statement by the defendant partially stating that the defendant has completed the interior works by concluding a contract for construction of interior works at the time and place of the ruling;

1. Each legal statement of witness E and D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigative report (a copy of a protocol concerning interrogation of suspects of relevant cases to the prosecution);

1. Contract, on-site photographs;

1. A previous conviction: He asserts to the effect that a reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction of the disposition, and a report on investigation (Attachment of the decision in progress), the Defendant promised to pay the construction cost in installments, and the Defendant could have paid the construction cost when the business was commenced for the development and production of cosmetics, so he/she did not have the intention of deception

According to the evidence duly adopted and examined by this Court, the defendant will pay the construction price in full within 15 days to 20 days upon completion of the construction work.

2.1.