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

Punishment of the crime

1. On November 6, 2009, the Defendant, at the construction site of a new logistics warehouse located in Yangyang-si, Namyang-si, the Defendant had a debt of 300 million won to the Defendant’s customer, and the national tax was delinquent to the amount of 180 million won, and even if the overdue interest was borrowed from around 16 million won, the Defendant acquired money from the victim D with the intent or ability to pay for the overdue interest of 16 million won, on the ground that “it is necessary to pay KRW 50 million for the civil engineering construction cost of the E-factory in Yangyang-si, Nam-si, and if 250 million won was collected from the commencement of construction work within one month, the Defendant acquired money of KRW 25 million from the victim to the account (F) in the name of the Defendant.”

2. On December 12, 2009, the Defendant, despite having no intent or ability to repay the money by means of debt, etc. as stated in paragraph (1), was carrying out the construction work as above to the above victim, notwithstanding that the Defendant did not have an intent or ability to repay the money. In short, the Defendant made a false statement to the effect that, if he was unable to operate equipment because of the fact that the amount of the oil supply cost would not be carried out, he would be repaid as the advance payment for the commencement of construction work if he borrowed five million won as the price for the construction work, he would have the victim pay five million won from the victim to the account in the name of G gas station designated by the Defendant.

3. On June 24, 2010, the Defendant, at the construction site of the apartment-type factory located H (Gu. I) at Y (Gu.), made a false statement to the effect that “The Defendant may enter into a subcontract from the contractor without the molding 50 million won to the land-based J, notwithstanding the absence of the intent or ability to conclude a subcontract even if he/she borrowed the amount with debt, etc. as stated in paragraph (1) with the same debt, etc. as stated in paragraph (1), the Defendant would receive the advance payment of 50 million won at the beginning of the construction and complete payment including the borrowed money during that period.”