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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who actually operated “C” for the purpose of interior construction from October 2016 to February 2017.
1. On November 29, 2016, the Defendant against the victim D was at the C office located in the third floor of the Busan metropolitan EM building in Busan, Daegu, on the following occasions: (a) at the time, C was paid in the form of a refund of employees’ benefits, management expenses, and rents due to excessive liabilities in the absence of any specific income; (b) most transaction partners have suspended transactions with C due to the outstanding amount; and (c) even if the victim was paid money from the victim, he did not think that it would be used as the Defendant’s entertainment cost; and (d) even if he did not have the intent or ability to complete the construction in accordance with the promise to the victim, the victim D merely attempted to use it as the Defendant’s entertainment cost; and (e) up to December 5, 2016, the start payment amount of KRW 7650,000 per annum and the remainder payment and the remainder, the end of the construction work up to the end of Busan Frangu, Busan, 2012.
As above, the Defendant: (a) by deceiving the victim; and (b) transferred the victim to the corporate bank account of the Defendant, KRW 18.3 million on three occasions, including KRW 3 million on the same day, KRW 7.65 million on December 5, 2016, KRW 7.65 million on December 23, 2016, and KRW 7.65 million on December 23, 2016.
2. On December 12, 2016, the criminal defendant against the victim G made a false statement to the victim G that “Although the defendant did not have the intent or ability to complete the construction in accordance with the promise under the circumstances such as Paragraph 1 at the above C Office, he/she would start construction work on the date on which he/she paid the retainer deposit of KRW 3 million and KRW 13.5 million until December 19, 2016, and end construction work until January 18, 2017.”
The defendant deceivings the victim as above, and thereby, 300,000 won on the same day as the contract price is paid from the victim.