Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 2015, the Defendant is a victim D at the construction site of the building in Yangyang-gun C, Yangyang-gun, and a victim D shall be the chairperson of the construction site.
Using dump trucks at the construction site to settle the construction cost of the main and civil engineering works on the same day.
The phrase “ makes a false statement.”
However, the Defendant had no intention or ability to pay the construction cost even if he was provided with soil and sand reclamation services from the injured party because the Defendant was liable to pay approximately KRW 50 million, such as failure to pay the construction cost that was in progress in another region.
Defendant was provided with soil and sand reclamation services worth KRW 17690,000,000 for construction costs from January 5, 2015 to January 12, 2015 by deceiving the victim as above and deceiving the victim.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness D;
1. Application of Acts and subordinate statutes to the work log, transport confirmation certificate, each letter, and construction cost statement;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;
2. A sentence shall be determined as ordered by taking into account the favorable circumstances, such as the fact that the Defendant has a history of criminal punishment over 3 times, the fact that he/she has been punished several times for the same kind of crime (including the criminal records of actual punishment), the fact that he/she has not been agreed, the fact that he/she has not yet been restored to a considerable part of the damage, the fact that he/she is divided, and the fact that he/she has yet to recover some damage, etc., taking into account the favorable circumstances, and taking into account all the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, etc