A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operates D Company in Chungcheong City C.

On November 30, 2010, the Defendant, at the new construction site of the housing in E in Chungcheong City, and on November 30, 2010, retired from office in view of the circumstances.

If the party accepts and completes this construction work after completion, it stated that it would pay 40,000 won for the construction cost received in advance from the owner of the building, and had the victim believe this fact complete the construction work.

However, in fact, the defendant was extremely difficult to pay the financial situation at the time, and 40,000 won of the construction cost paid by the owner of the above construction site was used as personal living expenses, etc., so he thought that the victim will not pay the construction cost to the victim at the beginning, and the victim did not have any intention or ability to pay the price even after the construction is completed.

Accordingly, the Defendant did not pay 40 million won as promised to the victim even if the Defendant completed the construction by deceiving the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the accused (including F part of the statement);

1. Statement made by the police with regard to F;

1. Certification of the fact of G production;

1. Copy of receipt verification;

1. Investigation report (the G telephone survey representing H company), investigation report (the owner's I telephone survey);

1. A standard contract for construction works or a certificate of borrowing;

1. The application of Acts and subordinate statutes to a copy of a credit report and a detailed statement of transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The amount of benefits arising from the instant case is significant; circumstances favorable to the Defendant that he/she did not comply with the request of an investigative agency for a long time after the instant case occurred: The Defendant recognized the instant crime; and the Defendant did not commit the instant crime with a conclusive intention.