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 becomes final and conclusive.

Punishment of the crime

1. Around March 2017, the Defendant called, “Around March 2017, the Defendant called, “Around March 2017, the Defendant would pay the construction cost to the victim B as the completion of the construction work falls short of the completion of the construction work.”

However, the Defendant is a bad credit holder, and there is no property under the name of the Defendant, and there was no intention or ability to pay the price in time, even if the Defendant was provided services from the victim, for reasons that the amount was less than predicted and did not cooperate in resolving the leakage problem of the said building, and the construction business operator participating in the said extension was not fully paid the construction cost, on the ground that the said construction was not resolved.

As such, the Defendant, by deceiving the victim, had the victim perform construction works on the said premises of the building 3 and 4 from March 2017 to September 20, 2017, and did not pay the construction cost of KRW 45 million.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On September 23, 2017, the Defendant stated that “Around September 23, 2017, the Defendant would receive the completion of the building by receiving the completion certificate of elevator construction from the elevator company installed in the building and submitting it for viewing. However, if the construction cost to be paid to the elevator company falls short of the construction cost to be paid to the elevator company, the Defendant would receive the loan upon receiving the completion of the building.”

However, the Defendant had already paid elevator payments from the victim before borrowing money from the victim, had been thought that the money borrowed from the victim would have been consumed individually, and even if the money was borrowed from the victim as described in the above 1.