A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On October 25, 2017, the Defendant made a false statement to the effect that “The Defendant against AD calls from the victim at the influence site to the effect that “I would give money to the victim as soon as possible from the delivery of a short heat to the E E-site at the time of Honam Yangsan city,” and that the victim would not intend to make a transaction due to the price of the existing material, and that the owner would directly pay the price of the material to the victim.”

However, in fact, the above request for direct payment was made voluntarily by the defendant without the consent of the owner, and the defendant had no intention or ability to pay the above material price to the victim even if he received the payment from the construction site, because he received the construction price and returned it in the form of the payment of the existing construction price or the obligation.

On October 27, 2017, the Defendant received construction materials equivalent to KRW 1,135,00 from the victim in the building site E in Yangsan-si, Chungcheongnam-si. In addition, the Defendant acquired such materials from the victim.

2. On September 2017, the Defendant made a false statement to the effect that “The Victim AE will immediately pay the price of KRW 2.5 million to the victim, who is a manufacturer, such as a signboard, at the construction site of Gangseo-gu Busan Metropolitan Government AF9 story “AG” at the construction site of Gangseo-gu, Busan, to the effect that “The Victim AE will immediately pay the price of the Red Cross signboard construction as completed.”

However, in fact, the defendant had no intention or ability to pay the above payment to the victim even if he receives the payment in the above construction site because he received the construction cost and received the payment in excess of the debt at the time, and returned it to the form of the payment of the existing construction cost or the debt.

On the same day, the Defendant did not pay KRW 2,50,000,000 as the price, even though the Defendant had the victim perform the construction of the signboard at the above construction site, and acquired the same pecuniary profit.

Summary of Evidence

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