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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From around 2006 to around 2007, the Defendant was in a bad credit position equivalent to KRW 19 million for a bank account due to bankruptcy, and 35 million for an individual. On April 6, 2010, although the construction of the new construction of the Gangnam Factory was commenced by the Gangnam-si, the Defendant was requesting construction on credit or lending money from those who requested construction on credit due to the lack of construction funds, so it is not clear whether the construction is completed or not. Even if the above factory was granted a loan as security, even if it was not clear whether it would be possible to fully pay the land price and other construction expenses to the Gangnam-si, and thus, there was no intention or ability to receive goods on credit or pay money from others.
On July 2010, the Defendant said that “The Victim F will pay KRW 85 million for the electrical construction of the E plant at the site of the new construction of the E plant located in Gangnam-si, Seocho-si.”
However, even if the victim completes electrical construction, the defendant did not have the intention or ability to pay the price to the victim.
The Defendant, by deceiving the victim as above, received from the victim the electrical construction of the above construction site amounting to KRW 85 million at the market price, thereby deceiving the victim.
B. On September 30, 2010, the criminal defendant against the victim G said that “a household product is required to establish the E company at once” from the victim G in Gangnam-si H’s branch office (ju) around September 30, 2010, “a household product is to be paid in full by October 27, 2010, which is after the month after the month when the credit is supplied to the victim G.”
However, the defendant thought that he would receive a loan from the E-factory building under construction as collateral, but he did not pay the price.