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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On June 11, 2015, the Defendant was sentenced to the suspension of the execution of four months of imprisonment due to a violation of the Labor Standards Act in Daegu District Court and racing support, and on June 19, 2015, the Defendant became final and conclusive on June 19, 2015.
The Defendant is a person who has operated a manufacturer of steel structures with the trade name “D” in Gyeong-si, Gyeong-si.
On October 29, 2013, the Defendant stated to the victim E at the above “D office” office that “When performing the steel production work ordered by F and G, the charge shall be several metric tons of the steel production work he received, and the construction work shall be carried out, the Defendant would make the victim every 50 tons of the 50 tons of the monthly steel production work.” However, the Defendant stated to the effect that the Defendant had not already been said to the police (Evidence 100 pages of the evidence record), and that this part is recognized as above.
Since it is expected that the scrap metal of 50 tons per month will take place, it will supply to B the scrap metal of 50 tons per month for each year between the next year and the next year.
“.....”
However, in fact, the Defendant: (a) received from the Defendant on October 2013, 201, which was ordered to receive KRW 1,000 tons of steel-frame from the (ju)F, had already been under negotiation to receive KRW 1,000 tons; (b) there was no steel-frame to receive the supply from the Defendant; and (c) around that time, the Defendant did not have been determined to receive KRW 800 tons of steel-frame from the Plaintiff who received the installation of G machinery located in Chungcheongnam-Nam; and (d) even if the Defendant received KRW 50 million from the victim as the deposit money for the steel-frame supply contract, there was no intent or ability to supply the victim with steel-frame amounting to KRW 50 tons each month.
Around October 29, 2013, the Defendant received money from the injured party in the name of D, which was designated by the Defendant, from the victim, by remitting KRW 50 million as a deposit for steel-frame supply to the criminal administration account.
Summary of Evidence
1. Partial statement of the criminal defendant (the intent of denying the criminal by fraud);
1. Each legal statement of J and K;
1. Statement made by the police for E;
1. A complaint;