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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
Around April 2016, the Defendant, a person who constructs a container-type small-type prefabricated house (hereinafter “D”) with the trade name “D,” entered into a contract with the victim F in Seocho-gu Seoul, Seocho-gu, Seoul E and 13 to install a camera in the I farm located in H in the Incheon-gun.
1. On May 13, 2016, the Defendant said that “Around May 13, 2016, the Defendant made the victim saying “Around the first payment to make the down for the construction shacker.”
However, the Defendant was under pressure to pay considerable amount of KRW 70 million due to bank account obligations without any particular property at the time, and the material cost, etc. which was not paid in relation to other construction works has reached a considerable amount of KRW 100 million, and as employees were in arrears, there was no intention or ability to complete construction even if the Defendant received construction cost in advance from the injured party.
Nevertheless, the Defendant, as if the Defendant completed the work normally, received KRW 50 million from the injured party on July 13, 2016 on the same day by making a false statement as above, and received KRW 50 million from the injured party on July 13, 2016, and the same year.
7. Around 25.25. Around 70 million won, a total of KRW 170,000,000 was obtained and acquired through deception.
2. On April 2016, the Defendant: (a) entered into a construction contract as above; (b) agreed with the victim to settle the construction payment in the account in the name of the Defendant when the amount that the victim received from one bank was deposited into the account in one bank account in the name of the Defendant; (c) agreed with the victim to deposit the above one bank account in the name of the Defendant; and (d) around April 27, 2016, the victim opened the above one bank account, password, seal, etc. under the name of the Defendant to the victim.
The Defendant received a loan of KRW 160,500,000 from the Han Bank around July 27, 2016 from the Defendant, and transferred the funds to the said Han Bank account under the name of the Defendant, and the Defendant subsequently transferred the funds under the name of the Defendant.