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

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

Punishment of the crime

The Defendant is a person who performs a construction work on behalf of the Defendant in ‘‘(C’’ as a construction business entity operated by Dong-B.

On January 14, 2019, the Defendant entered into a contract with the victim E, who is the manager of the D Building in Yeongdeungpo-gu Seoul Metropolitan Government, on the 11th floor of the above building from January 17, 2019 to the 7th underground floor from January 23, 2019 to the 35 million won of the construction cost.

However, the defendant did not have any significant property at the time and thought that he would use the money received from the victim for his personal purpose, so even if he received construction payment from the victim, he did not have any intention or ability to complete the construction within the contract period.

On January 15, 2019, the Defendant, by deceiving the victim as above, obtained money from the victim by remitting KRW 11,00,000 to the account of community credit cooperatives (F) under the name of the Defendant for advance payment, and 27,50,000 won, including KRW 16,50,000,000, as material price, to the said account on the 23th of the same month.

On October 25, 2018, the Defendant: (a) around October 25, 2018, 2020-Ma2055, the Defendant, through the victim G’s coloned H, to move the building stone columns from the I apartment located in the two cities; and (b) caused damage to the building stone columns of the apartment building, the Defendant, upon the request of the two cities, ordered the repair work to damage the repair work on the face of KRW 1,00,000.

However, the Defendant had no obvious property at the time, was delinquent in paying national taxes of approximately KRW 63 million, and around 2018, the “J” company operated by the Defendant had no intention or ability to compensate for the repair work even if the Defendant received the construction payment from the victim, such as dishonor, etc.

As above, the Defendant, by deceiving the victim as above, received 80,000,000 won in total from the account of community credit cooperatives (F) under the name of the Defendant on October 25, 2018, including KRW 300,000,000, under the pretext of the contract price from the victim, as well as KRW 300,000 in total.

Accordingly, the defendant deceivings the victim.