A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was the representative director of construction business chain B, and the victim C is a person who engages in construction machinery rental business under the trade name D.

On September 2016, the Defendant made a false statement to the effect that the Defendant would pay rent to the victims after the completion of construction of the facilities on the above site through F, a Defendant’s employee, at the construction site of the access road to the Incheon reinforced E forest bath constructed under the subcontract by B, a company B.

However, in fact, in the situation where the debt of the corporation B at the time is not less than 60 million won, and it is difficult to continue the business due to excessive debt from the defendant's personal debt up to 800 million won, even if it is paid by the original office, it was thought that it would be consumed in the repayment of existing debt, and there was no intention or ability to pay rent

As such, the Defendant, by deceiving the victim and using equipment equivalent to KRW 450,00 from the victim on September 12, 2016, was leased and used, and as shown in the attached list of crimes from around that time to November 13, 2016, as well as from around November 13, 2016: Provided, That “No. 32, Nov. 31, 2016” in the annexed list of crimes appears to be “no. 32, 2016.” and thus, it shall be corrected ex officio.

In 44 times in total, it acquired pecuniary profits equivalent to the same amount by leasing and using heavy equipment equivalent to 21,120,000 won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C and F;

1. Certification of G production;

1. A copy of the tax invoice, a list of crimes, and a copy of the employment certificate;

1. Copy of corporate register or all the registered matters of the corporation;

1. Credit information and corporate credit investigation sets;

1. A subcontract agreement for road expansion works for the HA-E third forest bath site;

1. Subcontract receipt and use, each statement of accounts, and sales tax invoice;

1. Each corporation B’s Mump passbook and common passbook B (the defendant is a principal contractor after the completion of construction work, I(hereinafter “I”).