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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From January 2012, the Defendant is a person operating the interior business from Gangdong-gu Seoul Metropolitan Government with the trade name “D”, and the fact is that there is a debt equivalent to KRW 125 million in total, such as bank loan obligations and overdue construction expenses, and even if the construction cost is received from the owner, the Defendant paid the existing debt repayment and interest payment. Therefore, even if concluding a subcontract with the victims, the Defendant did not have the intent or ability to pay the construction cost properly, notwithstanding the fact that the Defendant had no intent or ability to pay the construction cost.
1. On September 25, 2012, at the E hotel remodeling site office located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, stating that “A signboard business operator G will pay KRW 19 million in the cost of the work if he/she will undertake a signboard production work during the hotel remodeling work” to the victim G, and that he/she shall, from October 12, 2012 to October 13, 2012, cause the victim to perform the above signboard production work in an amount equivalent to KRW 19 million and to pay KRW 9.5 million to the victim, thereby acquiring the pecuniary benefits equivalent to KRW 9.5 million;
2. On October 10, 2012, the victim G made a false statement to the effect that “the additional construction cost shall be paid in a lump sum, which shall be added to the interior wraping construction,” the victim G obtained pecuniary benefits equivalent to the amount of KRW 20,718,50 from October 30, 2012 to November 15, 2012, by allowing the victim to carry out the said interior wraping construction work from October 30, 2012 to November 15, 2012;
3. On October 11, 2012, at H hotel in Seoul Special Metropolitan City, Nowon-gu (former:E hotel) stating that “If a computer 70 hotel is supplied to H, a down payment of KRW 40 million shall be paid on November 5, 2012, and the remainder shall be paid on December 5, 2012,” the victim shall receive goods from the victim from November 5, 2012 to November 8, 2012, the victim shall acquire property benefits equivalent to KRW 217 million (payment KRW 40 million).
4. On October 20, 2012, at the site of the E- Hotel remodeling project in Nowon-gu, Seoul Special Metropolitan City.