사기등
A defendant shall be punished by imprisonment for six months.
The defendant shall pay 22,108,000 won to the applicant for compensation by deceit.
3.2
Punishment of the crime
The Defendant is a person who was a de facto representative director of C, which is engaged in construction business from around 2010 to 2014, and the victim B is a person who is engaged in design and decoration construction business with the trade name of “D.”
1. Around February 28, 2014, the Defendant embezzled the construction cost of KRW 2,00,000 for F apartment G that was carried out by the victim E in an infinite area where the victim had been received from E and kept for the victim. On the same day, the Defendant arbitrarily consumed and embezzled the construction cost of KRW 2,00,000 to the Defendant’s personal debt repayment on the same day.
2. On March 2014, the Defendant said that “The Plaintiff would pay all construction costs including KRW 2 million that had not been paid before the completion of the construction work,” to the victim at an infinite site (hereinafter referred to as “Minjin-si”).
However, in fact, the Defendant did not have any intent or ability to pay the amount normally as agreed even if the Defendant did not have to do so because the Defendant had to pay the amount of KRW 500,000 per month in excess of the obligation, including the obligation equivalent to KRW 110,000,000,000,000 to the I Bank.
Nevertheless, the Defendant made a false statement to the victim as above and caused the victim to perform artificial insemination works in an amount equivalent to approximately KRW 400,000,000 to the Music Institute located in H on the same day, thereby allowing the victim to perform artificial insemination works four times in total, as shown in the list of crimes in attached Table from around that time to July 2015, and acquired pecuniary benefits equivalent to the total amount of construction cost of KRW 20,620,000.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's statement concerning B;
1. Investigation reports (in attachment to credit information of a suspect), credit information;