A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant operated the test-based company with the trade name of “D” in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

1. On October 27, 2012, the Defendant entered into a contract for interior and exterior finishing construction works, setting the construction amount of KRW 51 million and the construction period from October 23, 2012 to November 23, 2012, with respect to the F housing in the Victim E and Chungcheongbuk-gun Office.

However, the Defendant had no property at the time and had a debt amounting to 77 million won, and there was no intention or ability to properly perform the above construction work by paying the Defendant’s existing debt with the construction cost, and by using it as the cost of living.

Nevertheless, the Defendant, as if the Defendant were to perform the construction work, such as “it is possible to proceed with the construction work as soon as possible,” and received from the victim the sum of KRW 70,90,000,000,000,000 from the Defendant’s wife as the name of the construction cost on October 29, 2012; KRW 7.3 million on May 5, 2012; KRW 7.3 million on November 7, 2012; KRW 10,40,000 on November 9, 2012; KRW 9.4 million on November 19, 2012; and KRW 7,53 million on November 20, 2012; and KRW 7,90,000,000,000 from the Defendant’s wife’s account under the name of the Defendant.

2. On November 8, 2012, the Defendant concluded a contract to construct housing by setting the construction cost of KRW 80 million on the H site of the Victim and Chungcheongbuk-gun, the construction period from November 8, 2012 to February 4, 2013, where the said construction was underway.

However, the defendant did not have property at the time and there was a debt amounting to 77 million won, and there was no intention or ability to perform the above construction work by repaying the defendant's existing obligation with the construction cost and taking the idea to use it as the living cost

Nevertheless, as if the Defendant were to perform the construction work, the Defendant acquired the total amount of KRW 40 million from the victim, including KRW 8 million on November 9, 2012, and KRW 32 million on November 12, 2012, by transfer from the victim to the Defendant’s wife G account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. E.