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

Punishment of the crime

On February 9, 2012, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Changwon District Court on March 30, 2012, and the execution of the said sentence was terminated on April 23, 2012.

around September 13, 2013, the Defendant, “2015 Highest 48,” said, around September 13, 2013, he/she would construct and offer to the victim C a commercial building in D in Qyang-si by November 13, 2013 in return for the cost of construction KRW 140,000,000.

The construction of commercial buildings has been carried out after promising it.

However, at the time of concluding a contract, the Defendant was aware that there was a risk of not completing the construction work as agreed upon by the victim, and there was no other property equivalent to 5 million won in the market value, and there was a demand for payment of about 5 million won in obligations related to construction, such as personnel expenses and material expenses, incurred at another construction site, and the Defendant had a debt worth about 90 million won in total and about 110 million won in 15 million won in the land. Accordingly, the Defendant was able to complete the construction work only by receiving additional money from the injured party, which is KRW 140 million in total.

Accordingly, the Defendant was at D construction site around September 24, 2013, and the fact was difficult to complete construction as agreed with the first contract price amount, and was planned to use the amount received from the damaged person as the additional construction work price in repayment of obligations related to construction, such as labor expenses, incurred at another construction site, notwithstanding that it was an additional amount necessary for the implementation of the instant construction contract, as if it were to be necessary for the implementation of the instant construction contract, the Defendant received 480,000 won from the damaged person to receive money and received 4.80,000 won on the same day, and received money from the damaged person to the effect that the additional construction cost is necessary for the completion of construction of the instant building four times in total as shown in the attached Table 200,000 won from the damaged person.