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 20, 2012, the Defendant concluded that “Around March 20, 2012, at the Defendant’s container office located at the construction site C, the Defendant would pay the victim D the remainder upon the completion of construction work by paying 30% of the construction cost on the ground that the Defendant was responsible for the construction of the lower Ereshing Park 6 in Gyeonggi-si, Erecing Park at the construction site, and the Defendant would be paid upon completion of the construction work.”

However, at the time of the construction work, the Defendant had a debt worth of KRW 100 million and there was no funds to carry out the construction work. Even if the construction work was carried out in the above tin, the Defendant did not have the intent or ability to pay the construction cost even if he did not make profits if he had the victim do the construction work.

As such, the Defendant, by deceiving the victim, had the victim do so from March 26, 2012 to April 5, 2012, and did not pay KRW 18,630,000 for that amount, thereby taking property benefits equivalent to that amount.

2. The Defendant made a false statement to the victim F by telephone to the victim F at the same date, time, and place as Paragraph 1, that “it would pay the remainder after paying 50% after the completion of construction, upon the supply of lower-ranking and landscaping rocks necessary therefor.”

However, there was no intention or ability to pay the cost for the same reason as Paragraph 1 even if the victim is supplied with construction materials.

As such, the Defendant, by deceiving the victim, was supplied with stone materials worth KRW 6,184,00 in total four times from March 26, 2012 to April 5, 2012 by the victim.

3. On March 24, 2012, the Defendant made a false statement to the victim G at the construction site of the Gyeonggi-si, Gyeonggi-do, and at the construction site of C, that “The Defendant would pay the transport cost at one time after the completion of the transport, because all the materials available for transportation were left.”

However, the facts are that the victim has the public materials.