A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant did not have the intent or ability to pay transportation charges even if the defendant had the victim B transport construction wastes generated from the construction site of the defendant of Songpa-gu Seoul Metropolitan Government C.

Nevertheless, on November 30, 2009, the Defendant made a false statement to the victim stating that “I would settle it after a month when the construction wastes are transported,” and caused the victim to transport construction wastes over several times from around that time to December 30, 2009, thereby obtaining property benefits equivalent to KRW 12,080,000, which is the price for the transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application Form;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The sentencing reason for Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was fully paid the cost of transport to the victim even if he was fully paid the cost of transport, and the damage of this case was not recovered. However, the Defendant did not have the record of being punished for the same kind of crime, all of the instant crimes are recognized and reflected, and the amount of the damage of this case is not the maximum amount, etc., to be sentenced to the suspended sentence of imprisonment.