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As to the crime No. 1 in the judgment of the defendant, a fine of 2 million won shall be imposed on the crime No. 2 in the judgment of the defendant.
Reasons
Punishment of the crime
The Defendant was sentenced to six months of imprisonment with labor for a violation of the Labor Standards Act at the Daejeon District Court on August 17, 2012, and on August 25, 2012, “the 20th day of the same month” in the indictment is a clerical error.
The above judgment became final and conclusive.
1. On February 2, 2010, the Defendant: (a) told the victim B to “I wish to receive a lelet construction work at an insular place (hereinafter referred to as “Icheon-si”); (b) the victim B was awarded construction orders; (c) can give a subcontract for the lelet construction; and (d) would lend the lelet construction.”
However, in fact, the defendant attempted to use the money received from the victim for living expenses, etc., and there was no intention or ability to use the money for working expenses.
The Defendant received KRW 9 million from the victim’s agricultural bank account in the name of the Defendant on February 11, 2010, KRW 19 million on February 19, 2010, KRW 500,000 on February 25, 2010, KRW 200,000 on March 5, 2010, KRW 100,000 on March 6, 2010, KRW 10,000 on March 9, 2010, and KRW 39,50,000 on March 17, 2010, KRW 50,000 on March 19, 201.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 2012, the Defendant made a call to the said victim at an influence place and made a call to the said victim to the effect that “The said victim would pay the construction cost on the face of the construction in the ceiling and partitions.”
However, in fact, the defendant was unable to pay wages to the employees employed at the time, and the contract price received from the contractor is insufficient to repay the existing debts, and there was no intention or ability to pay the contract price to the victim.
The Defendant had the victim construct approximately KRW 45,50,00 among the studio works in Jin-gun C, and did not pay the construction cost.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1.Each.