Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

"200 Highest 2115"

1. On January 2016, the Defendant made a false call to B, the representative of the victim company, at a non-permanent place, for the following reasons: “If construction materials are required to enter the studio building located in the studio building in the inside of the victim company, the Defendant would pay the said materials after completing the construction of the said building.”

However, in fact, after the construction of the above building, the defendant either received the construction cost from the owner or constructed the building with D as the owner, and directly sold the building and intended to repay the existing debt with the profits therefrom, or to construct another building. However, even if the construction of the above building was completed, the defendant did not have the intent or ability to pay the material cost to the victim company.

The Defendant, as seen above, had the victim company induce B to supply construction materials equivalent to KRW 5,604,720 at the above construction site, and had the victim company deliver them, from that time to April 12, 2018, he received construction materials equivalent to KRW 119,391,310 in total, as shown in attached Table 1, from that time, from that time.

Accordingly, the defendant was delivered property by deceiving the victims.

【2020 Highest 3539】

2. On September 2016, the Defendant, against the victim again in attached Table 2, tried to construct a multi-family house to the victim F at the site of the construction of a multi-family house located in Asan City E around September 2016.

The term “the construction cost will be paid after the completion of the design and waterproof Construction Work” was false.

However, in fact, the Defendant started construction without any particular property or fund, which was already unable to pay the construction cost incurred in another construction work and borrowed money was in excessive condition. Therefore, even if it was intended to sell the completed building and make profits therefrom, it was intended to use the existing construction payment or construct another building, and even if the building is completed, it is intended to pay the construction cost to the victim.