A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operated a riding experience center in the Gangseo-gun C in Gangwon-gu.

On April 2, 2009, the Defendant would pay the damage E the construction cost on April 2, 2009 to the damaged person E in order to remodel the existing house installed in the stock farm in the interior room.

The contract is drawn up on the condition that “the total construction amount of KRW 38 million shall be paid preferentially, and the remaining KRW 15 million shall be paid on the date the construction is completed,” at that time, on the condition that “the construction is completed.”

However, even if the Defendant requested the Corporation as above, the Defendant did not have any particular property and did not have any intent or ability to pay all the construction cost including any balance.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim complete the said indoor marina remodeling work; and (c) did not pay the remainder of construction cost of KRW 15 million; and (d) acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Determination on the assertion of the defendant and his/her defense counsel as to the copy of the borrowed money certificate, a copy of confirmation letter, and a contract

1. The summary of the argument asserts that the Defendant and the defense counsel agreed at the time when the F entered into a contract to pay the balance, and that such circumstance was known to the injured party, and that since the Corporation’s progress belongs to F’s ownership, the Defendant’s profits gained from the contract in this case cannot be found as there is no profit gained from such contract.

2. However, in full view of the following circumstances revealed by each of the above evidence, the fact that the Defendant, even though having no intent or ability to pay the entire construction cost, acquired pecuniary benefits equivalent to the remainder of the construction work by allowing the victim to proceed with the construction work.

(a) The victim does not know that he/she agreed to pay any balance;