Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 2, 2016, the Defendant: (a) at the office located in Ansan-si, Masan-si, Masan-si, the Defendant: (b) entrusted the victim D with E works in both weeks; and (c) received no advance payment.
First of all, 5,00,000 won is loaned, and later, it will receive advance payment.
In addition, a false statement was made that it would pay the card price with the amount of construction cost received in accordance with the credit card payment settlement date when settling the material cost, food expenses, etc. related to the two weeks E construction with the modern card held by the victim.
However, the Defendant was a bad credit holder at the time, and was delinquent in national taxes equivalent to KRW 15,00,000,000, and there was no property and the above construction was anticipated to be a hostile amounting to KRW 20,000,000, and thus, there was no intention or ability to repay the amount even if he received money from the injured party.
As such, the Defendant, by deceiving the victim, received cash of KRW 3,00,000 from the victim on or around March 1, 2016, and received cash of KRW 2,00,000 on or around March 11, 2016, respectively. From March 12, 2016 to May 31, 2016, the Defendant obtained financial benefits equivalent to the same amount as the Defendant’s modern card under the victim’s name, such as the Defendant’s materials cost, food, etc., paid 62 times more than 5,63,132 won for personal use, such as the Defendant’s E materials cost, food, etc., and did not change it.
2. On April 25, 2016, the Defendant: (a) at the construction site located in F in Yangju-si on April 25, 2016, the victim lacks construction costs.
Since the completion of the E work now has been completed, the first loan was made.
The term "affort money to be repaid like KRW 5,00,000" was false.
However, the Defendant had no intention or ability to repay the money even if it borrowed the money from the injured party, because the Defendant had been economically difficult as stated in the preceding paragraph.
As such, the Defendant, by deceiving the victim and deceiving the victim, shall be KRW 2,00,000,000 around April 25, 2016, under the pretext of borrowing from the victim.