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1. Defendant A shall be punished by imprisonment for a period of eight months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant entered into a contract with D on June 9, 2014 with the victim E in order to operate a health care room on the Seo-gu, Seo-gu, Daejeon, and the third floor. On June 9, 2014, the above D entered into a contract with the victim E on the part of the interior works.
On July 15, 2014, the Defendant made a false statement to the effect that “The Defendant would make payment of KRW 38 million from July 29, 2014 by resumption of construction work until July 29, 2014” to the effect that “The Defendant would make payment of KRW 38 million by the resumption of construction work,” while continuing construction work as agreed upon by the Defendant and failing to receive the payment of construction cost at all.”
As the Defendant continued to resume construction on July 31, 2014 and did not receive the payment therefor at all, the Defendant would continue the construction again, and the Defendant would pay KRW 56 million to the victim for the sale of principal membership, etc. by the resumption of construction until August 8, 2014.
If the money is not provided, it is false to the purport that the above head of the health care center will receive the deposit equivalent to KRW 200 million and offer it even. The payment for the construction cost accompanied by the copy of the lease agreement of the above head of the health care center was made and made.
However, even if the injured party resumes the construction, the defendant did not have the intention or ability to pay the price normally, and there was no deposit equivalent to KRW 200 million which can be returned in relation to the above healthcare.
Nevertheless, the defendant deceiving the victim as above and let the victim resume the construction, but the defendant did not pay the amount equivalent to 18 million won, thereby taking property benefits equivalent to that amount.
【2018 Highest 220 [Defendant A, B]
1. On August 25, 2014, Defendant A leased the entire third floor of the building from the owner of the building in the Seo-gu Daejeon-gu Seoul Building and the remodeling construction office for the victim F. The Defendant leased the entire third floor of the building from the owner of the building, and he/she performs remodeling works.