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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2019 Highest 149]
1. Around January 2018, the Defendant, against the victim B, contracted to construct a freezing warehouse to E, an agricultural corporation located in Gangwon-gun, Gangwon-gun, Inc., Ltd., and thereafter, around January 22, 2018, the Defendant stated to the victim B that “I would pay the 110 million won of the construction cost immediately after the completion of the heating construction.”
However, at the time of fact, the Defendant had the burden of paying the outstanding amount and the amount of personal loan, and there was no other source of revenue so that the Defendant could not pay the amount of construction work to the victim. Even if he received the payment from C, he did not have the intent or ability to pay the amount of construction work to the victim because he did not want to use it as personal debt repayment, living expenses, etc.
Nevertheless, the Defendant, by deceiving the victim as above and having the victim do so from February 25, 2018 to February 27, 2018, acquired pecuniary profits equivalent to the same amount by deceiving the victim to build freezing storage in freezing KRW 11 million.
[2019 Highest 214]
2. On March 5, 2017, the Defendant against the Victim F Co., Ltd.: (a) the representative director G of the Victim F Co., Ltd. (hereinafter “victim Co., Ltd”) at the mutual incompony chain shop located in Seocho-si, Seocho-si; (b) “Around 50 local farmers set up and set up a low temperature storage and construction work for approximately 20 households.”
In addition, H Co., Ltd., which intends to carry out the above construction together with B, will also be supplied with low temperature storage and lerarasium from the Sin new company.
However, since this project is a project that is implemented with subsidies from I, the time to receive subsidies is left, and it is different from the supply of low temperature storages and lerarasiums.
If so, 50% of the price shall be paid at the time of shipment, and the remainder shall be paid.