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A person shall be punished by imprisonment with prison labor for not less than 8 months, 3 and 4 of the judgment, respectively, for a crime of No. 1 and No. 2 of the judgment of the defendant.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court on July 11, 2013 and completed the enforcement of the sentence at the Seoul Detention Center on May 28, 2014. On February 3, 2015, the Seoul Central District Court sentenced two years of suspended sentence to eight months of imprisonment for fraud, which became final and conclusive on February 11, 2015.
[Criminal facts]
1. The defrauded C against the victim C is a person who operates “D” with the purpose of gambling and sprinking business.
On January 8, 2015, the Defendant paid KRW 18,200,000 as the construction cost at the time of storage of materials, and KRW 8,20,000 as the remainder at the time of completion of the construction work. The Defendant would pay KRW 10,000 as the pre-paid payment, and KRW 8,20,000 as the remainder at the time of completion of the construction work.
“Preparation of a standard subcontract agreement for construction works,” and on March 2015, to pay the construction cost as stipulated in the existing contract, to the victim of the first instance police officer, as the first instance police officer, for the Dog and the lag Construction Work.
A false statement was made.
However, in fact, the Defendant received money from another person as a loan and did not repay the money with the pretext of the loan, and was sentenced to a punishment for fraud, and was released from around May 28, 2014, and was urged by the existing creditors to repay the loan and the construction cost. Since the Defendant had been running the Maritime Daegu GGGG loan and the Hacheon-si Construction Corporation did not good financial standing, there was almost no profit to be paid to the Defendant. Since the Defendant did not have any other property under the name of the Defendant, the Defendant did not have any intent or ability to pay the construction cost even if the victim completed the Doing and the Doing Construction.
The Defendant, from March 11, 2015 to March 23, 2015, has the victim implement the construction of the instant newly-built house as well as the construction cost of KRW 12.4 million.