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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 13, 2018, the criminal defendant against the victim B made a false statement to the effect that “The victim B, who operates (ju) C at the mutual infinite coffee shop located in Daejeon Jung-gu, Daejeon, shall complete the remodeling work of the Del, Chungcheongnam-gu, Chungcheongnam-gu, by October 30, 2018. Of the construction cost of KRW 400 million, KRW 200 million, out of the construction cost, shall be paid in advance within 14 days after entering into a contract, and the remainder of KRW 200 million, at the time of sale of the building after remodeling work.”
However, in fact, the defendant used only a part of the above payment as the construction cost, and thought that the remaining payment would be used for personal debt repayment including a partial repayment of debt to E as set forth in paragraph 2, so there was no intention or ability to normally carry out remodeling construction works for the above telecom.
As such, the Defendant, by deceiving the victim B and deceiving it from the said victim to the Agricultural Cooperative Account under the name of the said victim, received KRW 200 million around August 14, 2018, and KRW 30 million around September 20, 2018, respectively, and acquired KRW 230 million in total.
2. On October 19, 2018, the Defendant against the victim F made a false statement to the effect that “The Defendant would deliver the said machinery by November 30, 2018, to the victim F through the director H of (State)G operated by the Victim F, with the intent to purchase the machinery from the victim F. The Defendant would deliver the said machinery to the victim F by no later than November 30, 2018.”
However, the Defendant borrowed 600 million won out of 1.119 billion won from J when he purchased 56 machinery, including the above machinery, from the I Limited Company around April 2018, but the Defendant sold the above machinery subject to sale to J as a payment in kind or a transfer in security for the borrowed money on or around June 21, 2018 because the Defendant was unable to repay the borrowed money.