A defendant shall be punished by imprisonment for six 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

1. On March 22, 2012, the Defendant, at the office of the Defendant located in Bupyeong-gu, Incheon, Bupyeong-gu, said that “The Defendant would have repaid the victim D with the proceeds accrued from construction until April 11, 2012, if the construction fund is insufficient and the money is lent,” at the office of the Defendant’s (hereinafter “LH apartment”) operated by Bupyeong-gu, Incheon.

However, the defendant only planned to use the proceeds from the above construction work as funds for other construction sites, and did not have the intent or ability to repay the proceeds from the above construction work to the victim by the due date.

The Defendant, as above, by deceiving the victim, received five million won in cash from the victim on the same day.

2. On April 25, 2012, the Defendant: (a) at the above C office around April 25, 2012, the said C office stated, “I would complete payment with the proceeds accruing from the construction until June 25, 2012, if the funds for construction were insufficient; and (b) borrowed money.”

However, the defendant only planned to use the proceeds from the above construction work as funds for other construction sites, and did not have the intent or ability to repay the proceeds from the above construction work to the victim by the due date.

The Defendant, as above, by deceiving the victim, received five million won in cash from the victim.

3. On August 3, 2012, the Defendant: “Around August 3, 2012, the Defendant, at the foregoing C office, told the said victim to pay off the proceeds accrued from the construction up to November 30, 2012, if the funds for construction were insufficient and the money was lent to the Defendant.”

However, as above, the money borrowed from the victim was not the defendant, but E was planned to use, and the defendant did not have an intention or ability to repay the borrowed money to the victim by the due date.

The Defendant, as above, was urged by the victim to receive five million won in cash on the same day.