A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative of the DBAD Co., Ltd. in Gangwon-do.

1. On June 11, 2012, around 18:00 on June 11, 2012, the Defendant concluded a contract with the victim for a new house construction construction project with the victim in the victim E’s residence located in the Gangwon-do Stack line C, and concluded a false statement with the victim that “Around August 2012, the Defendant would request the victim to additionally pay KRW 13 million with the expenses for changing the roof from asphalt to the flag, as the expenses for changing the design.”

However, even if the defendant received the cost of design change from the victim, he did not have any intention or ability to alter the roof design by purchasing machinery and materials.

The Defendant, as such, by deceiving the victim, received KRW 13 million from the victim for the purpose of design change around August 29, 2012.

2. On August 2012, 2012, the Defendant: (a) made a false statement to the victim that “The victim was a contractor at another place of construction; (b) it was long time to set up this house because he did not receive construction payment from another place of construction; and (c) if the Defendant wishes to promptly complete the house, he would promptly demand money.”

However, the defendant did not have any intention or ability to complete the construction work even if he received the advance payment for the construction cost from the victim.

The Defendant, by deceiving the victim of this case, was remitted to the victim with KRW 20 million as the name of the construction cost around September 18, 2012, and KRW 16 million as the same name around September 24, 2012.

As a result, the Defendant, by deceiving the victim, received a total of KRW 49 million over three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of the exterior of a house which is a complaint);

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

1. Article 37 of the Criminal Code among concurrent crimes.