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

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

[2012 Highest 1247] The Defendant is a person who has built a commercial building on the F land in Ulsan-gu, Ulsan-gu.

On April 21, 201, the Defendant, through G around April 21, 201, proposed that the victim H will undertake a substitute construction among the construction works for the construction of the said commercial building and that the construction cost of KRW 45 million will be paid within three months after the completion of the construction works.

However, in fact, the amount that the defendant borrowed for the above new construction works reaches KRW 430 million, and there was no intention or ability to pay the construction cost even if the victim completes the substitute construction works.

As above, the Defendant, by deceiving the victim, had the victim start a substitute stone work around that time, and had the victim complete the substitute stone work on May 10, 201, and has the victim complete the substitute stone work.

8. Until October, 100, the construction cost of KRW 45 million was not paid, thereby acquiring pecuniary benefits equivalent to that amount.

[2012 Highest 1867] The defendant is a person who built a commercial building on the land of Ulsan-gu I, Ulsan-gu I, J land, and a person who built a commercial building on the F land.

On July 201, the Defendant supplied the victim K with necessary sand, bricks, and cement at the construction site of the above Bara building and paid the price on the face of the kitchen.

However, the defendant did not have an intention or ability to pay the amount of the loan for each new construction work. The defendant did not have an intention or ability to pay the amount of the construction work even if the victim supplied the construction materials to another construction business operator.

As above, the Defendant: (a) by deceiving the victim; (b) received construction materials equivalent to KRW 14,090,340 from July 19, 201 to October 20, 201; (c) paid KRW 6,366,00 out of the payment; and (d) did not pay the remainder of KRW 7,724,340; and (c) obtained pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness H. in the fourth trial record;