A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

around October 14, 2014, the Defendant stated to the effect that “D” restaurant located in Jinju-si, that “The victim F who operates E Co., Ltd. enters into a contract with the Corporation on May 14, 2014, and, from Jun. 1, 2014 to the end of Nov. 2014, the E-H factory construction corporation, which is in progress in the G site from Jinju-si, from Jun. 1, 2014, the Defendant paid the construction price in advance, in addition to the amount of money already paid.”

However, it was difficult for the Defendant to pay the construction cost to the subcontractor in the construction site other than the above H plant construction work due to the cumulative deficit of the Defendant’s capital, etc., and the Defendant’s debt was reached about KRW 400 million. The Defendant used the gold that had already been received from the injured party for another construction site, and even if he was paid the additional construction cost in advance from the injured party, it cannot be used as the price for the construction of the above H plant construction, so there was no intention or ability to complete the construction of the above factory within the period as agreed by the victim.

On October 15, 2014, the Defendant deceptioned the victim as such, and was transferred KRW 220 million in total to the Agricultural Cooperative Account in the name of Co., Ltd., I on October 15, 2014, and KRW 110 million in the same account on October 16, 2014, and KRW 15 million in total to the Agricultural Cooperative Account in the name of J Co., Ltd., designated by the Defendant on October 31, 2014, from each transfer of KRW 115 million in total to the Agricultural Cooperative Account in the name of J Co., Ltd., the Defendant transferred KRW 45 million for construction price.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to K in the police statement;

1. An investigation report (Attachment of details of deposits for construction works), an investigation report (a contract for construction works, or a written agreement on construction works);

1. One copy of the inquiry about the details of the deposit and withdrawal transactions, one copy of the previous inquiry about the details of the transaction, two copies of the deposit and withdrawal transaction, one copy of the deposit without passbook, and one copy of the deposit and withdrawal transaction, and one copy of the Acts and subordinate statutes of Chapter II.