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

[2016 Highest 932]

1. The criminal defendant against the victim D was at the F office located in E on December 10, 2014 at the time of the strike, and the victim D’s “the construction work for the creation of the so-called return complex is commenced, and the civil construction cost is approximately KRW 9 billion.

Since land was purchased by investing about KRW 7.5 billion, all procedures for development activities were completed, the construction works began around April 2015.

B. Lending money to B, while proceeding with civil works, landscaping works, etc., it is intended to contract related construction works.

“.............”

However, even if the defendant received money from the injured party, the above construction was permitted on April 2015 and the related construction had no intention or ability to contract to the injured party, and there was no intention or ability to pay the borrowed money to the injured party properly.

The Defendant received 60 million won from the victim’s account (Account Number G) in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

[2016 Highest 1700]

2. On February 3, 2015, the Defendant made a false statement to the victim H by phoneing the victim H at an unspecified place, stating that “The Defendant would use only KRW 5 million as a down payment is urgently required to proceed with the business, and return money, 50,000,000 if he/she borrowed money.”

However, the Defendant did not have the intent or ability to repay the borrowed money to the victim even if the Defendant borrowed money from the damaged party due to economic difficulties to the extent that the employee’s benefits are not available.

The defendant deceivings the victim as above and acquired 5 million won through the Agricultural Cooperative Account (Account Number J) account in the name of the victim on the same day from the victim.

Summary of Evidence

[2016 Highest 932]

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the witness K in the third public trial protocol;

1. Each statement of L, M, N, andO in the fourth public trial protocol.