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A defendant shall be punished by imprisonment for six 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 engages in construction business.
1. On May 2014, the Defendant committed the crime related to the packaging construction of access roads to factories, at the construction site located in C in C in the middle and following the end of May 2014, the Defendant would be entitled to KRW 39,600,000 for the construction cost per week from May 17, 2014 to May 22, 2014.
The phrase “ makes a false statement.”
However, in fact, the Defendant did not have any particular income at the time, and there was approximately KRW 350 million debt such as unpaid construction costs and delinquent taxes on December 2013, and the F Co., Ltd., which operated due to this, defaulted. Accordingly, even if the injured party completed the package work, there was no intent or ability to pay the construction price to the victim.
Nevertheless, the Defendant did not pay KRW 39,600,000 for the construction cost, even though the Defendant deceivings the victim as above and caused the victim to complete the packing work around May 22, 2014.
2. On February 4, 2015, the Defendant is expected to pay KRW 48,400,000 for the construction cost per week from February 5, 2015 to February 12, 2015 at the same place as before and after February 4, 2015.
The phrase “ makes a false statement.”
However, for the same reasons as the preceding paragraph, the Defendant did not have any intent or ability to pay the cost of construction to the victim even if the victim completes the package work.
Nevertheless, the Defendant did not pay 48,400,000 won for the construction cost, even though the Defendant deceiving the victim and had the victim complete the above packing work on February 12, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Statement of the police statement with D 1.