A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

2017 Highest 689

1. On May 12, 2015, the Defendant, at around May 12, 2015, would make payment to the victim D’s house located in Gwangju Dong-gu, Seoul, without any framework by the end of September, 2015, where he/she lent money to the victim for the implementation of the construction of the development project of the Shinan-gun-gun, Seoul.

“A false statement” was made.

However, in fact, the Defendant did not have received a subcontract from Tae Tae Construction Co., Ltd., which is the contractor of the above construction, and did not have any particular property under the name of the Defendant, and the amount received from the injured party was thought to be used for the purpose of paying personal debts or living expenses. Therefore, even if he borrowed money from the injured party, there was no intention

The Defendant received 50 million won from the injured party to the NongHyup Bank account in the name of the Defendant on the same day under the pretext of borrowing money.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 20, 2015, the Defendant: (a) around August 20, 2015, at the victim D’s house located in Gwangju Dong-gu, Gwangju Dong-gu, the Defendant would repay the Defendant with a debt by the end of September if the Defendant “if the amount to the Corporation is less than KRW 20 million.”

“A false statement” was made.

However, in fact, the Defendant did not have been awarded a subcontract for the E Development Project from Tae River Construction Co., Ltd. and did not have any particular property under the name of the Defendant, and was thought to use the money received from the victimized person for the purpose of living expenses, etc., so there was no intention or ability to pay the money even if he borrowed

The Defendant received 1,982,900,000 won from the injured party to the NongHyup Bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Defendant 1256, on December 9, 2016, extended the construction cost to D by the end of September, 2015, if the Defendant borrowed money to D in order to promote E development projects on May 9, 2015.