A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

Around May 2017, the Defendant made a false statement to the victim in Yeonsu-gu Incheon Building B and the E office actually operated by the victim D, stating, “I will provide the victim with KRW 10 million prior to the delivery of the contract deposit and pay the balance after the installation of the contract deposit.”

However, the Defendant was unable to pay the construction cost of KRW 31 million by April 2017, and even if he received the construction cost from the construction owner, even though he did not pay the construction cost, he did not have any intent or ability to pay the construction cost at the time to the victim for lack of specific assets.

Around June 2017, the Defendant: (a) by deceiving the victim; (b) was installed in a kitchen, clothes, and air conditioners, etc. at the said public notice room; and (c) around August 21, 2017, the Defendant did not pay KRW 29,760,592 of the construction cost and did not pay KRW 29,760,592 to the victim; and (d) on August 21, 2017, the Defendant acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the F published statement of the amount and the Acts and subordinate statutes on response materials;

1. Circumstances unfavorable to the reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act: The circumstances that are favorable to the fact that the damage did not completely recover from damage even though the amount of damage was small: The fact that one’s mistake was divided and reflected, that there was no record of punishment for the same crime, and that there was no record of punishment for the same crime, taking into account the defendant’s age, character and conduct, motive, means, and consequence of the crime,