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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a person who operates the LABD for the purpose of construction business, etc. in Busan Seo-gu, Busan, which is a person who operates the LABD, and the mid-to long-term credit standing in 2015. The LABD was almost low in capital, and the bank and the individual bear approximately KRW 2.5 billion in debt to the victims who are electricity, fire-fighting, and steel framed construction business operators, there was no intention or ability to pay the price in time as agreed.
1. On July 10, 2015, around July 10, 2015, the Defendant made a false statement that “Around July 10, 2015, the Defendant would immediately pay the construction cost as soon as the construction work is completed, to the victim E who had a usual friendship in the aforesaid office of the Dispute Resolution D Co., Ltd., and the victim E who had a usual friendship.”
Although the Defendant deceptioned the victim as above and caused the victim to perform construction works equivalent to KRW 112,100,000 from July 10, 2015 to December 31, 2015, the Defendant did not pay the said amount and did not acquire property benefits equivalent to the said amount.
2. On October 9, 2015, around October 2015, the Defendant made a false statement to the said office of the LABD, stating that “ABD office will pay the price as completed by the HP construction work at the stage of the construction of a new HP factory in Ulsan-gun G, Ulsan-gun.”
As above, even though the Defendant deceptioned the victim and caused the victim to perform construction works equivalent to KRW 116,600,000 from October 20, 2015 to March 2016, the Defendant did not pay the said amount and acquired pecuniary benefits equivalent to the said amount.
3. Around December 27, 2015, the Defendant made a false statement to the Ftel construction site of the Ftel construction site at the above office of the Dispute Resolution Co., Ltd. around December 27, 2015, stating that “The Defendant would pay the construction cost as completed by combining it with the construction cost that was lower than the previous construction cost in advance.”