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

Punishment of the crime

The defendant is the actual representative director of C&A.

On June 2009, the Defendant made a false statement to the effect that “The victim E will pay KRW 2.9 billion as the cost of construction on the 6th floor building on the 6th floor, other than F, the petitioner-gun of Chungcheongbuk-gun, which was issued a guarantee from the Korea Credit Guarantee Fund to build a new 3rd floor concrete, the Defendant obtained a guarantee from the Korea Credit Guarantee Fund and received a loan equivalent to KRW 2.25 million from the new bank, and the Defendant will pay the construction cost in accordance with the construction progress ratio until the completion of the construction work.”

However, at the time, the Defendant was a bad credit holder and had a debt equivalent to KRW 350 million, and the said new construction was carried out without his own capital, and on February 27, 2008, when entering into a land sales contract with G, a land owner, and 1 billion won, but did not pay the down payment. Around February 27, 2008, the victim failed to pay the construction cost equivalent to KRW 165 million for H and removal who performed civil engineering works before the victim. Around February 27, 2008, the Plaintiff established a collateral security loan equivalent to KRW 741 million with the maximum debt amount in the name of Hansung Mutual Savings Bank Co., Ltd., Ltd., a creditor company, and did not have the ability to cancel the loan. Therefore, even if the said new construction was carried out by the Plaintiff, it was impossible for the victim to obtain the loan from the bank after obtaining a guarantee from the Korea Credit Guarantee Fund, and there was no other special property or income, and thus, the victim did not have any intent or ability to pay the construction cost.

The Defendant, by deceiving the victim as above, entered into a contract with J on November 2, 2009 under which the Defendant entered into a joint project implementation agreement with the victim, and made the instant construction work up to three floors above the ground from November 15, 2009 to April 20, 201, and did not pay the price.