Text
1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2.Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
◀2012고단303 피고인은 2009. 12. 30.경 경남 양산시 E에 있는 피해자 F이 운영하는 G회사 사무실에서 피고인이 실질적으로 운영하는 (주)H의 직원인 I과 함께 그곳을 찾아 가 피해자에게 “J회사으로부터 도급 받은 설비공사에 컨테이너를 공급해 주면 바로 대금을 지불하겠다.”라고 말하였다.
However, in fact, the Defendant established and operated a company with approximately KRW 120,000,000,000,000, which was borrowed from the Republic of Korea and the vessel, and caused serious financial difficulties due to the enemy, and the construction cost to be received from the J company should be used as the company’s operating fund. Therefore, the Defendant did not have any intent or ability to pay the price even if the container was supplied by the victim.
As such, the Defendant, by deceiving the victim and being supplied with a container equivalent to KRW 20 million from the victim, did not pay KRW 6 million out of the purchase price, and acquired a total of KRW 147,000,09,060 in property interest by giving a subcontract to the victims even though the victims are not capable of paying the construction price for seven occasions as stated in the attached crime list, in financial circumstances where, from that time to July 16, 2010, the Defendant borrowed KRW 200,000 from the bank due to K’s guarantee and used credit card payment from K due to the difficulties in the management of the company from July 16, 2010.
◀2012고단2405 피고인은 2006년경부터 2011. 6.~7.경까지 친환경설비업체인 주식회사 H를 실제 운영하였던 자이다.
around August 2008, the Defendant was awarded a contract for the construction of wastewater reuse facilities in the L plant from the Korea Institute for Positive Industries and Science, a foundation, to KRW 305,00,000.
On January 11, 2009, the Defendant operates the Victim N in Gumi-si M.