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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 2015, the Defendant was awarded a subcontract for 1.6 billion won for the new construction of G factory in F and three lots outside F in Sungsung-si.
1. On February 2015, the Defendant against the victim AB would pay the leased fee to the victim AB when providing construction equipment and heavy equipment at the new construction site office of the said G factory construction site.
“A false representation was made.”
However, at the time of fact, even if the Defendant received KRW 1.6 billion from E due to the obligation incurred in the construction of another construction site and the obligation to pay the introduction fee for quasi-M, etc. by introducing the said G-factory construction, it was inevitable to return it to the victim's use for personal debt repayment more urgently than the victim's loan fee. Since it is difficult to reduce the construction cost of all subcontractors after the repayment of personal debt, there was no intention or ability to pay the lease fee to the victim properly.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received construction equipment and heavy equipment from the victim from February 27, 2015 to May 23, 2015; and (c) paid 25,000,000 won out of the rent of KRW 43,755,00,000, and did not pay the remainder of KRW 18,755,000; and (c) obtained pecuniary benefits equivalent to the corresponding amount.
2. On February 2015, the criminal defendant against the victim AC would pay the victim AC the amount when supplying construction materials to the new construction site office at the above G factory construction site office.
“A false statement” was made.
However, at the time of fact, the defendant was paid KRW 1.6 billion for construction costs from E due to the obligation incurred in the construction of another construction site and the obligation to pay introduction fees to quasi-M, etc. by introducing the construction of the above G factories at another construction site.