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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
On September 25, 2014, the Defendant was sentenced by the Daegu District Court to a two-year suspended sentence of imprisonment for a crime of fraud in the Daegu District Court for eight-month period, and the judgment was finalized on February 18, 2016. On June 29, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud in the Daegu District Court for one-year period, and the judgment became final and conclusive on July 7, 2017.
On January 29, 2016, the Defendant received a loan and receive construction cost when the commercial building located in the Simsan-si F is completed on May 12, 2016 at the victim E’s workplace located in Simsan-si.
First of all, construction materials should be paid on credit, after completion.
The phrase “ makes a false statement.”
However, at the time of fact, the Defendant had already borne KRW 400 million with respect to the above F's commercial building. In order to have the above commercial building completed, the establishment of the right to collateral security was rescinded about KRW 460 million with respect to the above G's land. At the time, the cancellation of the establishment of the right to collateral security was unclear because of the lack of funds at the time. From May 2015, the Defendant had no ability or intent to pay the victim the price of the construction materials because it was difficult to pay the said amount of money.
As above, the defendant deceivings the victim, thereby doing so from January 29, 2016 to the same year.
2. By the end of 17.17. He was supplied with cryp, board, steel product, external styp, etc. and did not pay rent and material cost of KRW 7,100,000 in total.
Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 7,100,000.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Statement of witness E in the third public trial protocol;
1. Statement made by the police for E;
1. A certificate of contents, a direct payment confirmation, a standard contract for private construction works, a certificate for all matters to be registered, and a statement of transactions;
1. Each investigation report (to hear statements from a witness I), and ( to hear statements from a person in charge of the office of a certified architect by telephone);
1. A previous conviction in judgment: