A defendant shall be punished by imprisonment for six months.

The defendant pays 20,000,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

In fact, even if the Defendant received the payment of the construction cost from the victim D, the Defendant was planning to repay the Defendant’s debt due to the above construction cost because of a large amount of debt, such as wage and material cost, etc., and the completion of the construction requires a large amount of construction cost, and the Defendant did not have any intention or ability to carry out the construction.

Nevertheless, around December 9, 2013, the Defendant concluded that “Around December 9, 2013, the F Building Office located in Seocho-gu Seoul Metropolitan Government, would end the construction suspended while G would pay KRW 35 million to B.”

As such, the Defendant, by deceiving the victim as such, received a total of KRW 20 million from the victim to the account in the name of the Defendant, such as receiving KRW 15 million from the 10th day of the same month to the account in the name of the Defendant.

Summary of Evidence

1. Each legal statement of witness D and H;

1. Each prosecutor's office and police interrogation protocol of the accused (including substitute part);

1. Each police statement concerning D;

1. Application of each investigation report, subcontract agreement (in pages 2, No. 10 of investigation records), and applicable statutes concerning details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 25(1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Declaration of Provisional Execution asserted that the Defendant and the defense counsel’s assertion are merely a part of the price for the first floor of the Defendant’s execution, and that the Defendant and the defense counsel did not receive the said money in return for promising to complete the remainder of the structural construction.

However, the following circumstances revealed by each of the above evidence, and the Defendant promised to complete the construction work remaining in the prosecution investigation with the victim at KRW 35 million. However, the costs of the incidental civil construction work are required to the extent of KRW 10 million, and the construction work may begin because the problem of the construction work cost is not resolved.