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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 23, 2013, the Defendant stated that “The cost of the toiletl construction work in progress shall be paid immediately after the completion of the construction work” to the victim E at the scene of the D apartment remodeling work located in the Daeling work in the Dandong-gun, North Korea, and that “the cost of the toiletl construction work shall be paid immediately after the completion of the construction work.” The Defendant had the victim implement the toiletl construction work from around that time to June 9, 2013.
However, at the time, the defendant did not have any special property, and the construction cost received from the owner intended to be used preferentially for the personal purpose, and did not intend to pay the cost of the other construction work to the victim at all.
Nevertheless, the Defendant, by deceiving the victim, had the victim do the toiletl construction work as above, did not deliver the price of KRW 14 million, thereby acquiring pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and E;
1. Investigation report (No. 4,5,7,10,13 in the evidence list);
1. A list of transactions in free savings;
1. Application of Acts and subordinate statutes on copies of bankbooks;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Consideration of various conditions of sentencing, such as the victim's intent not to punish the victim, the motive and circumstances leading to the crime, the amount of damage, the degree of reflectivity, the age and occupation, character and conduct, environment, etc., that it is possible to have the same level of punishment for the reason of suspended sentence under Article 62