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

On December 23, 2013, the Defendant made a false statement to the effect that “The new bank signboard signboard work will be harmed, and it will be settled within two months after receiving construction payment from the new bank” with the victim C at the office of the Defendant located in Chungcheongnam-si, Namyang-si, the Defendant made a false statement to the effect that “The victim would not pay the price in full as agreed to do so.” On June 14, 2014, the Defendant received the victim’s demand for payment from the said office to receive an investment from the facility company related to road safety, and then the Defendant would decrease the amount of investment if the victim was lower than June 2014, to receive an investment from the said office.” In addition, the Defendant made a false statement to the effect that “the victim would be settled within the end of six months from the new bank to the end of June 2014.”

However, at that time, the Defendant had no intention or ability to pay in full the amount of the signboard construction work even if the Defendant had caused it to the financial institution, etc., and the unpaid amount of KRW 600 million to the customer, and there was a deficit of KRW 5 million to KRW 7 million every month. The Defendant had no intention or ability to pay in full the amount of the signboard construction work because the Defendant could not receive investment from another company due to the above debt, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to perform a signboard construction work in an amount equivalent to KRW 46,788,775 on 15 occasions from December 2013 to June 19, 2014; and (c) failed to pay the amount equivalent to KRW 23,78,775 out of the said amount, thereby obtaining pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. C’s legal statement;

1. A protocol of examination of partial suspect against the accused by the prosecution (including the interrogation and statement section C);

1. Application of each police protocol of statement C to the Act

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and Article 25(3) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Legal Proceedings