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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From August 2012, the Defendant was a person who operated C in Gangwon-gun Group B, and was requested by the owner D to construct a new warehouse in the solar power plant E in the fleet E from August 2012.
1. Around August 4, 2012, the Defendant, at the above C office, made a false statement to the victim F that “I would pay to the victim F the payment of the cost as the reinforcement work will end on the ground that the reinforcement work is finished in executing the construction work of solar heat power plants.”
However, in fact, the defendant was unable to pay the price to other construction business operators at the time, and was thought to pay the contract price that he received from the contractor as an individual debt or as a living cost, so the victim did not have the intention or ability to pay the price as the completion of the work even if he did not cause the reinforcement work according to the contract.
The Defendant, by deceiving the victim as such, had the victim do reinforcement work, and did not pay KRW 3,630,000 to the victim, thereby acquiring pecuniary benefits equivalent to that amount.
2. Around August 4, 2012, the Defendant committed a false crime against the victim G at the above C office, stating that “The Defendant would pay the victim G the price as the end of the off-site work to perform the construction work of solar power plants at the home.”
However, for the same reasons as the above paragraph 1, the defendant did not have the intent or ability to pay the price according to the completion of the work even if the victim has engaged in the work of transporting waste aggregates as agreed.
The Defendant, by deceiving the victim as such, had the victim conduct the transportation of waste aggregates, and did not pay 5,126,000 won to the victim, thereby acquiring pecuniary benefits equivalent to the above amount.
3. The Defendant committing the crime against the victim H is the victim H who runs a heavy equipment rental business around August 2012.