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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. “The Defendant, from October 11, 2011 to October 2011, established a solar power plant installation company from around (State)B; and thereafter, on December 23, 2013, the Defendant served as the representative of the said company until the company was in default and is closed down.
On January 8, 2013, the Defendant would install solar power generators up to December 2013 to the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, at the victim D’s house located in Chungcheongnam-gun, with the installation cost of solar power facilities.
“The phrase “ was false.”
However, at the time of fact, the above company operated by the defendant was in a state of debt amounting to 300 million won for the companies, and since the latter part of the year 2012, due to the aggravation of company management, the company was in arrears with valueing to 89,848,000 won at Daejeon tax office, etc., and even if personal debt was paid to savings banks, etc. more than 100 million won, it did not have any intent or ability to install solar power generation devices at the victim's house until December 2013, 2013, such as using it for repayment of debt to others or for installation of solar power generation facilities to others.
As such, the Defendant: (a) by deceiving the victim; and (b) received KRW 500,00 from the victim as the down payment around January 19, 2013; and (c) KRW 4.5 million as the remainder on September 30, 2013 from the victim; and (b) received KRW 4.5 million as the agricultural bank account in the name of B (E) from the victim; and (c) received KRW 3,266,00 from the total number of six victims, as shown in the attached Table 1 re-case from January 18, 2013 to December 4, 2013.
Accordingly, the defendant was informed of the victims to receive property.
2. The Defendant, from October 11, 2011 to December 201, 201, established a solar power plant installation company from around (State)B. Around December 23, 2013, the Defendant was a person who was in office as the representative of the said company until the said company was disposed of in default and closed.
On January 31, 2012, the Defendant, at the victim G’s house located in F, Chungcheongnamnam-gun, G, the Defendant, at the victim G.