A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

In October 17, 2018, the defendant is awarded a subcontract for the supply of housing among the new construction works of Gwangju Metropolitan City C building by the Dispute Resolution CenterB.

On December 19, 2018, the Defendant made a false statement that “The construction cost will be paid within 15 to 20 days after the completion of the construction work after receiving from the original office” from the victim E who was introduced through D on the said construction site.

However, even if the victim completed the construction work, the defendant was willing to use the construction cost received from the original office for personal repayment of debts, etc., and there was no intention or ability to pay the construction cost to the victim according to the agreement.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) ordered the victim to perform installation works from December 20, 2018 to January 7, 2019; (c) did not pay KRW 15,500,000 for construction cost; and (d) acquired financial benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and D;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (data submitted as a suspect-bank material, etc.), a criminal investigation report (referring to submitted data-construction agreement, copies of bankbooks), a criminal investigation report (Submission of suspect data), a criminal investigation report (F data submitted in the B On-Site Director), a criminal investigation report (deposit of construction price and reporting on the status

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The conditions favorable to the defendant, such as fraud and embezzlement: The victim does not want the punishment of the defendant by mutual consent with the victim, taking into account all the factors of sentencing revealed in the trial process of this case, such as the age, character and conduct, environment, background of the crime, and circumstances after the crime, etc., and determine the punishment as ordered;