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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. On October 10, 2016, the Defendant made a false statement to the effect that “E” plant “E” operated by the Defendant located in Yongcheon-si, Yongcheon-si, would give the victim C a telephone, and “I wish to give the price at the time of the completion of the main operation of a molecule in gas.”
However, in fact, the Defendant, at the time, was liable to pay approximately KRW 450 million to financial institutions and loan companies, including KRW 300,000,000,000,000,000,000,000,000,000 won per month. However, the Defendant did not have any intent or ability to pay the work amount on the date promised to the victim because it is difficult to pay interest due to the profits accrued from factory operation.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to perform the process of spraying gas; and (c) on October 15, 2016, the Defendant did not pay the victim the amount equivalent to KRW 1,980,000 for the cost of spraying work; and (d) obtained pecuniary benefits equivalent to that amount.
B. On the 15th day of the same month, the Defendant did not have the intent or ability to pay for the amount of powder work as above at the above place, and would be paid as the price received from the customer at the site of gas distribution.
“Falsely speaking, the victim did not pay an amount equivalent to KRW 292,00 for the body work cost to the victim around November 30, 2016 and acquired pecuniary benefits equivalent to that amount due to the victim’s failure to pay the amount equivalent to KRW 292,00 for the body work cost.
(c)
On November 30, 30 of the same year, the Defendant did not have the intent or ability to pay for the amount of goods in installments at the above location as above, and would pay the amount of goods in lump sum after receiving the price from the customer at the site of gas distribution.
“Falsely speaking to the effect that “the victim shall be forced the victim to perform the physical distribution of gas, and the victim shall be on December 30, 2016.