사기
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[Criminal Power] On April 19, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act by the Seoul Southern District Court on the 27th of the same month.
【Criminal Facts】
Around July 15, 2008, the Defendant told the victim D at the construction site of Ulsan-gu C, Ulsan-gu, and saying, “The Defendant would settle the construction cost on a monthly basis when he was released from the project site “E to the anchor (a anchor installed in a slope direction on the wall at the time of the destruction of the foundation for the building) to fix the earth gate at the site of C. When he was released from the wall, he would pay the construction cost on a monthly basis. The Defendant would pay KRW 9,000 per meter each KRW 7,200.”
However, at the time, the Defendant had to pay approximately KRW 160 million due to the Defendant’s default on the company’s operation in 2006, and KRW 425 million due to the payment in E, despite the fact that the Defendant had already been paid all, it was planned to pay the construction cost as the payment, food, and material cost of the Ferer accompanying the Defendant, and thus, the Defendant did not have any intent or ability to pay the construction cost every month as agreed upon even if the Defendant completed the Saria construction.
Nevertheless, the Defendant, as seen above, did not pay the victim a total of KRW 448 million of the construction cost, but did not pay the victim a total of KRW 7,200,00,000 to the first construction site during the period from September 2008.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Examination protocol of the accused by prosecution;
1. Previous convictions: Criminal records and investigation reports (a stay of execution of sentence and attachment of sentence), Defendant’s assertion of criminal records and investigation reports (a stay of execution of sentence and sentence of sentence) were not recognized by E even though additional construction was conducted upon E’s request, and in such a situation, E was defaulted.