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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is a person mediating the lease of construction equipment, and the victim B is a construction company that conducts underwater construction business.
1. On February 13, 2015, the Defendant, under the pretext of an advance payment, should take an advance payment into account as a contract deposit, when making a telephone conversation with the victim’s representative C at an irregular place on February 13, 2015.
The payment made in advance was made falsely stating that it will be deducted from the rent later.
However, in fact, the above advance payment was not required by the rental company during the season, and the defendant thought that he would receive the above advance payment and consume it for personal purposes such as living expenses, etc., so even if he received the above advance payment, he did not have the intention or ability to deduct it from the rent later.
The Defendant deceiving C as above and received KRW 20 million as advance payment from C on February 13, 2015, and KRW 15 million on April 15, 2015 from C to D account under the name of the Defendant.
2. On May 20, 2015, the Defendant, in the name of the cost of dismantling the mid-term season, sent the said mid-term season to Jeju-do around May 20, 2015, and made a telephone conversation with the said C at a place where the horse is unknown for the end of May 2015, the Defendant sent it to Jeju-do, stating that “E is obliged to pay KRW 22,00,000 of the cost of dismantling to Jeju-do as it is difficult for the E to dismantle the mid-term season from the land and pay it to Jeju-do.”
However, in fact, E did not have been engaged in the mid-term dismantling work, and the defendant, who is a equipment rental broker, requested the issuance of false tax invoices to maintain the smooth relationship between the defendant and the defendant. The defendant was intended to use the above money for personal purposes, such as living expenses, etc., so even if he received the above money, he did not intend to deliver it to E with dismantling expenses.
The defendant deceiving C as above and let C dissolve it on June 17, 2015.