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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Around March 27, 2018, the Defendant made a false statement to the effect that “Gecheon-si would pay the cost of using cream equipment at the construction site of Gecheon-si, by phoneing the victim B at a place where the location is unknown.”
However, at the time of Kimcheon-si D's construction cost, the Defendant had a total of KRW 290,000,000,000 of the subcontracted construction cost due to the loan of approximately KRW 22,00,000 as the construction cost for the electric source D's house, and had a total of KRW 29,000,000,000 for the subcontract construction cost, and there was no intention or ability to pay the victim all of the construction cost for the completion of the above electric source house due to the reason that the construction cost is additionally required, but it is not fully prepared.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to do so; and (c) did not pay KRW 450,000 for the use of equipment from that time to May 22, 2018; and (d) did not pay KRW 13,90,000,000 for the use of equipment from that time until May 22, 2018, the Defendant acquired property benefits equivalent to that amount.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Part of the statement in B of the second police interrogation protocol against the defendant;
1. Application of the police protocol protocol law to B
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Code for the detention of the workhouses has a history of being punished for fraud several times, and the defendant has been sentenced to the suspension of the execution of six months of imprisonment for fraud, which has been sentenced to the suspension of the execution of two years, and the construction has been completed in another time, and there is a great degree of criticism by deceiving the victim to take the cost of using the equipment.