A defendant shall be punished by imprisonment for one year.

However, 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

On September 1, 2017, the Defendant was delegated by the victim D (E hospital operator) who is the owner of the building for the extension and substantial repair of the building for the establishment of the Busan Seo-gu C Hospital, and was ordered by the Busan Seo-gu Office to suspend the construction and restore the land to its original state on September 12, 2017.

On September 28, 2017, the Defendant: (a) proposed that the victim, who intends to terminate the contract with the State E Hospital located in Busan YY G, and (b) would terminate the contract with the State; (c) would directly perform the construction work; (d) would assist the victim to complete the construction work; (e) the part for which the contract has not been concluded is succeeded by the victim; and (e) promised the contract with the victim to perform the interior construction work (large-scale repair) verbally; and (e) received the contract with the victim on September 28, 2017, the victim should immediately enter the construction immediately after the end of the drilling period; and (e) required to secure materials for the interior construction in advance to pay KRW 120,000,000,000, which is necessary for the price of materials for the interior construction.”

However, in fact, from around April 200, the Defendant engaged in landscaping construction business, and operated H (the main business of landscaping, boundary stone, sidewalk block, and road packing work) from around April 2016, and from around January 2017, the Defendant did not have the intent or ability to perform artificial test construction work even if he contracted for artificial test from the victim in a state where H’s operation is difficult. The Defendant intended to receive money as the price for materials for the aforesaid artificial test construction business, but used it for the purpose of performing the Defendant’s existing obligations, living expenses, and H’s operating expenses.

As above, the Defendant deceivings the victim, and received KRW 120 million from the victim as material price, to the J bank account (K) in the name of the Defendant’s wife.