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A defendant shall be punished by imprisonment for two years.
① The defendant was declared on April 6, 2016 and became final and conclusive on the 15th of the same month.
Reasons
Punishment of the crime
"2017 Highest 389"
1. On May 11, 2016, the Defendant told the Victim C to “E” office located in Ulsan-gu, Ulsan-gu, U.S., U.S., Ulsan-do that “The construction of new F-based F-based Housing will be ordered to KRW 76,500,000 for the total construction cost.”
However, the Defendant thought that he would use the said new construction work cost as the construction cost in another construction site where the Defendant had been under way due to the damage at the time, and that he did not properly perform the construction work even though he had been paid the total amount of KRW 65 million from another building owner at the time, and did not return the construction cost. The business operator registration of the above E was discontinued ex officio on November 20, 2015 due to the default of value-added tax equivalent to KRW 100 million, and the liability amount equivalent to KRW 15 million incurred at the construction site was paid by the damaged party, and thus, the Defendant did not have any intent or ability to properly reduce the construction work even if he received the amount as the construction cost from the damaged party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the sum of KRW 50 million, including KRW 10 million, around May 11, 2016; (c) KRW 18,000,000,000, in terms of material expenses; (d) KRW 500,000,000, in terms of material expenses; and (e) KRW 500,000,000,000, in the name of subcontracting some of the process, from the victim to the Saemaul Treasury account under the name of the Defendant.
2. On June 30, 2016, the Defendant told the said victim C to the effect that “A person needs to pay money individually and promptly at another construction site that he/she can promptly receive construction payment until July 4, 2016.”
However, even if there was no particular income or property at the time, the Defendant was liable for the total amount of KRW 115 million, as described in paragraph 1, and it was not clear whether the Defendant received construction payment from another construction site.