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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant came to know the victim C with the introduction of a person who has worked in the same industry from around 2000 and supplied materials to D in the victim's operation company.
1. On April 22, 2016, the Defendant made a false statement to the victim, “The Defendant, at the office of D Co., Ltd., Ltd., operated by the injured party in Ma on the net city of Ma, “If the work is completed in relation to F, the material price and daily work price are insufficient, and if the construction price is paid, the full payment would be reduced.”
However, even if the Defendant had a debt of KRW 300 million at the time and the Defendant was unable to borrow additional loans in bank sphere, the Defendant was planning to repay the Defendant’s debt (the Defendant’s debt borrowed in the name of the Defendant’s wife) at the time, and thus, there was no intention or ability to pay the money as promised even if he borrowed the money from the injured party.
On the same day, the Defendant was transferred 20 million won to the Gwangju Bank account (G) in the name of the Defendant on the same day from the damage, which belongs to the Defendant’s false speech.
Accordingly, the defendant was given property by deceiving the victim.
2. On May 31, 2016, the Defendant requested a prior settlement at the same place as before and after May 31, 2016, that “the matter of collection is not yet resolved,” and immediately refund is not paid.
“The victim made a false representation.”
However, in fact, even if the Defendant had an obligation of KRW 30 million at the time and the Defendant received money from the injured party in a situation where additional loans are impossible in the bank sphere, he was planned to use it as debt repayment and the funds to escape creditors’ damage, and thus, there was no intention or ability to deliver the work as agreed by the injured party
The Defendant was transferred 2,3210,000 won to the Gwangju Bank account (G) in the name of the Defendant on the same day from the victim’s false statement.
Accordingly, the defendant was given property by deceiving the victim.
(i) the evidence;