A defendant shall be punished by imprisonment for not less than eight 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

[2013 Highest 1251] On December 3, 2012, the Defendant said that, at the FF office of the victim E in Dongdaemun-gu Seoul Metropolitan Government, the Defendant would complete the construction work by December 23, 2012, the Defendant would receive a subcontract from the victim to install a rooftop advertising tower at the main office of a corporate bank located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, in the amount of KRW 12.3 million in the construction cost, and the Defendant would pay the victim the sum of KRW 30.7 million in the contract amount, intermediate payment, KRW 30.7 million in the intermediate payment, and KRW 40.9 million in the remainder.

However, in fact, the Defendant did not have any particular property or income at the time, and there was no intention or ability to normally carry out the construction work even if the Defendant received the payment of the construction price from the victim due to the situation where the payment of the construction price was made continuously from the victim, under which the payment of the construction price was made for about KRW 430 million to 10,000,000,000 won, including G, in connection with the construction work for the structure of the YY-YAD system from February 2012 to May 2, 2012.

Nevertheless, on December 4, 2012, the Defendant made a false statement to the victim and obtained 30.7 million won from the victim to the Defendant’s bank account on December 4, 2012 as the contract money for construction.

[2013 Highest 2023] The Defendant, at the first office located in Hanam-si around November 20, 2012, concluded that even if the Defendant was supplied with the steel products at the time, the Defendant did not have the intent and ability to pay the price, such as the obligation to pay for the construction cost at the time to KRW 350,00,000,000, and that the Defendant would immediately pay the price if the steel products were supplied by J, and that the Defendant would supply the steel structure at the site where the construction of the steel structure is being carried out, the Defendant’s false statement that “if the steel structure is supplied to the site where the construction of the steel structure is being carried out, the price will be immediately paid.” The amount equivalent to KRW 16,941,738 won at the market price of the steel products at around the 23th of the same month and KRW 36,512,300,038 of the same month.