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

Punishment of the crime

The defendant is a person who actually operates a stock company B.

[2012 Highest 1855] On June 19, 2011, the Defendant made a false statement that “The Defendant would make payment immediately as the completion of the construction work,” to E, the representative director of the victim D, who is the victim D, to receive a subcontract for the construction of a dead-structured high-structured construction in the construction of a rest area of the Gyeong Highway C (BG). The construction cost of KRW 30 million will be paid.”

However, the Defendant, at the time of the completion of the construction work, has not reached approximately KRW 400 million, and even if having received advance payment for the construction work, it was not sufficient to meet the other construction cost obligations. Therefore, even if the victim completed the construction work, there was no intention or ability to pay the construction cost.

As such, the Defendant, by deceiving the victim as such, had the victim complete the above construction work amounting to KRW 30 million from June 20, 201 to June 25, 201, and did not pay the said amount, thereby acquiring pecuniary benefits equivalent to the same amount.

[2012 Highest 3725] On May 12, 2011, the Defendant made a false statement to the victim F and the business director of G G Co., Ltd. stating that “The Defendant is performing landscaping construction work on Gyeyangsan C’s rest area, I apartment house, and J Welfare Center, etc. Where it supplies materials, such as braille block and landscape block, to the above site, it would make payments for the materials by the end of the following month according to the ordinary fund settlement practices.”

However, the defendant did not have the intention or ability to pay the price even if he received the materials from the victims when the existing obligation was 40 million won or more.

As such, the Defendant deceiving victims, and deceiving them, is equivalent to approximately KRW 4,320,448, around May 19, 201, KRW 1,375,220, around June 9, 201, and KRW 1,246,740, around June 17, 201.