A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is a person who operates the "C" in Gangdong-gu Seoul Metropolitan Government.

On October 1, 2015, the Defendant made a false statement to the victim D, stating that “The Seoul Gangnam-gu E-Landscaping facility construction will be paid KRW 62,570,950 as the price for the damage.”

However, in fact, the Defendant had been seized due to a large amount of debt to financial institutions, and approximately KRW 30 million loans from the second financial right to pay the interest on the loan, but this was in arrears, and it was difficult to operate the company due to the failure to pay taxes equivalent to KRW 60 million, and thus, there was no intention or ability to pay the cost of construction to the victim even if the Defendant was provided with the above landscaped facility construction services by the victim.

Nevertheless, on December 2015, the Defendant: (a) by deceiving the victim; (b) obtained 62,570,950 won from the victim of the above landscaped facility construction from the first police officer on the ground that the victim was provided with the above landscaped facility construction services, the Defendant did not pay it to the victim; and (c) obtained financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement D in the police interrogation protocol of the accused;

1. Details of settlement, details of entrance and exit transactions, and application of Acts and subordinate statutes;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the choice of imprisonment [the scope of recommendations in sentencing] of general fraud [the scope of recommendations in sentencing] / [the decision of sentence] of the basic area (6 months to one year and six months) / [the decision of sentence] of Article 1 of the Criminal Act (the period between six months and one year and six months) / even if the defendant was paid construction cost from the original office due to bad credit standing from the beginning, it appears that the victim was accused of the victim intentionally in light of the fact that the defendant had the victim completed the construction at the expense.