A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 50,000,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

On August 1, 2018, the Defendant entered into a construction technology service contract with the victim B Co., Ltd. for the type of “D High School Extension Works for Multi-Purpose D High School located in Geumsan-gu Seoul Metropolitan Government” and carried out the said construction work from that time.

On August 22, 2018, the Defendant concluded that, at the construction site of D High School around August 22, 2018, the Defendant “I will pay the cost of materials and equipment in advance if I lend KRW 50,000,000 to the person in charge of the payment of the cost of the victim company,” “I will pay the cost of materials and equipment in advance.”

However, even if the above money was received from the victim, the defendant was merely intended to use it for personal purposes, did not intend to use it for on-site material expenses, etc., and did not have an intention or ability to pay the above money normally after the completion of the construction.

Accordingly, the defendant deceivings the victim as above, and thereby deceiving him/her from the victim on August 22, 2018, and the same year.

9. received around 20.20 million won, total of KRW 53 million.

Summary of Evidence

1. The defendant's partial statement in the sixth trial records;

1. Statement made by witnesses E in the sixth trial records;

1. The entry of each part of witness F and G in the sixth trial records;

1. Investigation report (Attachment to the current status table of payment by complainants), investigation report (Attachment to a lease request and telephone conversations with complainants);

1. Application of the transfer receipt and the account transaction details [it may be argued that the Defendant’s defense counsel did not specify the facts charged, but the date, place, method, and content of the crime of fraud are specified as stated in its reasoning, and it cannot be deemed that the subject of the trial is unclear or that the Defendant’s defense right is difficult to exercise, and thus, the above assertion is not accepted];

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

1. Orders for compensation and provisional execution;