A defendant shall be punished by imprisonment for one year.

except that 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

1. On March 2012, the Defendant made a false statement to the victim D within the mutual influent restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, stating that “The Defendant would pay KRW 40 million as a lump-sum payment within one month after the completion of the construction of the installation of the new multi-household house in Seongbuk-gu Seoul, Seoul, to the victim D.”

However, at the time, the Defendant, as a person with bad credit, was in arrears with 80 million won, without any special property, and was performing the above construction only with credit transactions, and even if he was paid the total construction cost of 1.24 billion won from the original office, the Defendant did not have any intent or ability to pay the amount normally even if he was paid the amount of the total construction cost of 1.24 billion won from the original office.

The Defendant received from the victim, from August 30, 2012, a total of KRW 40,000,000 from the construction site of the above multi-household from the victim, and acquired pecuniary benefits from the same amount.

2. On July 1, 2012, the Defendant stated that “In the construction site of the Gyeonggi-do Seoul Special Metropolitan City, the Defendant would pay KRW 32 million in lump sum to the victim who completed the construction project as described in the preceding paragraph, as seen in the preceding paragraph, within the period of one month after the completion of the construction site of the construction site.”

However, at the time, the Defendant, as a person with bad credit, was in arrears with 80 million won, without any special property, and was in progress only with credit transactions, and was unable to sell normally due to the excessive debt burden in other construction works, and thus, there was no intention or ability to pay the price normally even if he was to perform the construction works from the victim.

The Defendant, from the victim to December 2, 2012, KRW 32 million in total at the said new construction site.