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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On February 19, 2014, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. in the Daegu District Court Kimcheon branch on February 19, 2014, and completed the execution of the sentence in the Incheon Juvenile Prison on February 23, 2014.
[Criminal facts]
1. On July 2014, the Defendant: (a) was entering into a subcontract for the construction of a new individual house in Hongsung-gun, Hongsung-gun; (b) on September 26, 2014, the said company renounced the construction of a new individual house; (c) on September 26, 2014, the Defendant: (d) contacted the victim G’s employees H with the said new individual house construction work directly contracted by D; and (d) purchased the new individual house construction work from E.
If the material leased to E is leased to B, the rent shall be paid at the end of each month.
“False speech” was made.
However, in fact, the Defendant was in bad credit standing at the time, and there was no intention or ability to pay the price in time, even if he borrowed the material from the injured party, because the funds to perform the said personal house construction were insufficient, and thus, the said construction could not normally proceed.
Nevertheless, the Defendant, from September 26, 2014 to March 31, 2015, leased the temporary installation for construction work from the damaged person for seven months from March 31, 2015, and did not pay rent of KRW 33,240,000, thereby acquiring a property interest equivalent to that amount.
2. Around September 26, 2014, the Defendant, as described in paragraph (1) around September 26, 2014, sold the said part of 1,200,000 won to a third party and embezzled the said part of 3,50,000 won to a third party, at the site of the new construction of a private house for private use, after selling the said part of 1,20,000 won to a third party on his/her name at the site of the new construction of a private house for private use and then using the said part of 3,50,000 won as living expenses.
3. When a worker dies or retires from the employer in violation of the Labor Standards Act, the reason for such payment;