A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 26, 2017, the Defendant entered into a contract under which KRW 40,700,000 of the construction cost is paid according to the fair rate and continued the construction on the condition that the Defendant would perform a house interior work in the D office operated by the Defendant at the Busan Jin-gu Busan, Busan, and around 103, in relation to the victim E and the housing, from June 1, 2017 to June 22, 2017, the Defendant would be able to purchase an additional material and conclude the construction work if the payment was made.

“Along with the end of July 20, 2017, the injured person, who was dissatisfied with the fact that the construction has not been completed even after the completion of the construction cost, would purchase the furniture, etc. and complete the construction within 2-3 days.

“A false statement was made to the effect that it was “.”

However, the defendant thought that he was able to use the intermediate payments and the additional payments from the injured party in other places, such as the hospital expenses of the mother parent, and there was no intention or ability to properly implement the above interior works.

Nevertheless, on June 22, 2017, the defendant deceivings the victim as above, and 16.8 million won to the national bank account in the name of the defendant on June 22, 2017, and 3.120,000 won in total to the new bank account in the name of the defendant on July 20, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. Details of banking transactions, and application of Acts and subordinate statutes on financial transactions;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, reasons [the scope of recommendation] for sentencing of imprisonment [the scope of recommendation] and the basic area (from June to one year and six months) (the person who is subject to special sentencing] that has no record of being punished exceeding a fine (the decision of sentencing has no record of being sentenced] (the decision of sentence], and all the sentencing conditions, such as fraud amount, shall be considered.