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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant of Geumcheon-gu Seoul Metropolitan Government, from August 2018, 2018, is a person who engages in interior construction business by awarding a contract for interior construction work from the apartment residents to the contractor without a trade name and office.
Around August 8, 2018, the Defendant made a false statement to the victim C, who is a phishing B apartment construction businessman, stating that “In-house B apartment management office and continuous transactions have been made, and the human body construction is also entrusted by the apartment residents. The Defendant is performing a human body construction for B apartment D, and at the same time, pays KRW 2.9 million to the State, if the phishing unit is installed,” and paid the down payment amount of KRW 90,000.
However, the defendant, at the time of the lack of assets, could not pay the victim with the exception of the construction cost that he received from the apartment resident. As a result, even if the victim completed the construction of the crying construction in the last course of the crying construction, he was expected to consume the construction cost in full due to the defendant's living cost or the construction cost to another constructor, so there was no intention or ability to pay the victim the balance of the crying construction cost of two million won.
The Defendant, at around August 2018, ordered the victim to install the Washington for B Apartment D and did not pay any balance of 2 million won, and had the victim do not pay the remainder 11 times in total between around that time and around March 29, 2019, and had the victim do the work of installing the Washington equivalent to 44,090,000 won in total, as shown in the attached crime list. The Defendant did not pay the remainder.
Accordingly, the defendant, by deceiving the victim, acquired a total amount of 44,090,000 won property interest.
The defendant of Geumcheon-gu Seoul Metropolitan Government apartment commercial building around April 12, 2019.