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

The defendant is a person who has been operating a building company of D in Sungnam-si, Manam-si.

On July 17, 2015, the Defendant made a false statement to the effect that “If the Defendant pays the Victim G a total of KRW 77 million construction cost, including down payment of KRW 23 million, intermediate payment of KRW 31 million, KRW 23 million, and KRW 23 million, the Defendant would complete remodeling construction of the fourth-story multi-household housing in Seogu-gu, Daegu-gu, which is the victim’s ownership until September 20, 2015.”

However, in fact, the above building company operated by the defendant was in arrears with the amount of tax of KRW 40 million at the time, and the defendant was urged to pay the debt from the bond company under the condition that he had a total of KRW 200 million, including the bonds, and there was a continuous occurrence of additional expenses even at another construction site of the defendant who had been under the existing construction project. As such, the defendant thought to use the money received from the damaged person in the form of "recovering" such as repayment of the existing debt with priority or use for construction expenses at other construction sites, so even if he received the money from the damaged person, he did not have the intent or ability to complete the housing remodeling construction.

Nevertheless, the Defendant received, under the name of the Defendant, a total of six times, including KRW 23 million on July 21, 2015, KRW 16 million on July 30, 2015, KRW 15 million on August 5, 2015, KRW 4 million on August 27, 2015, KRW 400,000 on August 30, 2015, KRW 65 million on September 3, 2015, and KRW 5 million on September 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to G;

1. Contract, construction site photograph, and details of remittance;

1. Details of account transactions attached to a report on investigation (Attachment to a detailed statement of transaction) and the details of card use;

1. Application of statutes as a result of credit information inquiries and replies;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 of the Criminal Act: