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Defendant shall be punished by a fine of seven million won.
If the defendant fails to pay the above fine, 70 days shall be used.
Criminal facts
On July 14, 2016, the Defendant would have the victim D's office operated by the victim D in Busan Seo-gu, Busan, to implement remodeling construction works for the Busan Seo-gu, Busan.
1,350,000 won for down payment, intermediate gold
8.1.; and
8.12. Each of the 12. 12. stated that 5.4 million won was 5.4 million won, and that the remainder 2.7 million won was remitted after one month after the completion.
However, the Defendant had a debt equivalent to KRW 100 million in total, including the amount of unpaid taxes of KRW 40 million in the National Tax Service at the time, the amount of personal debts of KRW 20 million in total, and the amount of unpaid debts of KRW 40 million in relation to other construction works. Even if the Defendant received construction payment from the injured party, he did not use it for the requested construction work, and did not have the intent or ability to proceed with remodeling construction work for the purpose of paying other debts.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the new bank account in the name of the Defendant, the sum of KRW 10 million in tin, namely, KRW 350,00 on July 15, 2016, KRW 5.4 million on August 1, 2016, and KRW 24.3 million on November 11, 2016, to the new bank account in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of a written confirmation of transaction details of a new bank under the name A, and statutes on construction contracts;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the amount of money remitted by the Defendant by deceiving the victim, which exceeds 23 million won.
The Defendant was sentenced to a suspended sentence of imprisonment with prison labor due to the crime of this kind, and committed the crime of this case during the suspended sentence.
However, in addition to the promise to perform the obligation to execute the construction work, the defendant is actively informed of specific false facts or other methods of deception.