A defendant shall be punished by imprisonment for four 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

On June 16, 2014, the Defendant, who is engaged in the construction business, entered into a contract for the extension and remodeling of the building of the said company located in Busan-gu, Busan-do. On July 20, 2014, the Defendant entered into a contract for the extension and remodeling of the said company’s building at the office of the said company at around July 20, 2014 with the victim D to subcontract a part of the said construction project at the cost of KRW 5 million. On July 25, 2014, the Defendant entered into a contract for the extension and remodeling of the said part of the said construction project at the cost of KRW 5.6 million.

However, the Defendant did not have any property other than KRW 10 million, while the Defendant was liable to pay excessive debts equivalent to KRW 140,000,000,000, and the wages of the employees employed for the said construction were not paid properly, and even if the Defendant had the victims do not have any intent or ability to pay the amount properly.

Nevertheless, the Defendant made the aforementioned false statement, and caused the victim to do so from July 25, 2014 to August 23, 2014, and did not pay the price, thereby acquiring property benefits equivalent to KRW 10.6 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. A complaint, a written statement of payment, a work log, a standard contract for contract, a statement of transactions on deposit and withdrawal, and a statement of transactions on deposit and withdrawal;

1. Application of Acts and subordinate statutes to investigation reports (E telephone conversations);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended punishment] The reduction area (one month to one year) of type 1 (less than KRW 100 million) [the special mitigated person] of the mitigation area, or the case where the degree of deception is weak (the decision of the sentence] of the defendant's mistake is recognized, the defendant has taken measures to recover part of the damage to the victim without the degree of deception, and there is no criminal history of the same kind of crime.