Text
A defendant shall be punished by imprisonment for four 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
1. On May 2017, the Defendant made a false statement to the victim B by phoneing the victim B at the end of May 2017, 2017, that “Sasan-gu C apartment D will take charge of the remodeling. The tenants, who had been living in the former house after the remodeling was completed, moved in this house after the remodeling was completed, and would pay the construction cost after receiving the deposit for the lease of the former house at the former house. In this case, the Defendant would give KRW 10,530,000 for the construction cost at that time.”
However, in fact, the Defendant had a personal obligation of 60 million won due to the studio construction work, and the construction cost under the above C Apartment D had already been paid the down payment, etc. according to the contract with the owner of the house, and the intermediate payment and the balance to be paid in the future were planned to be used for the repayment of the obligation at the other construction site, so the victim did not have any intention
Nevertheless, around July 2017, the Defendant had the victim construct shower, 530,00 won in relation to the above C Apartment D and did not pay the price for such construction.
Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to 10,530,000 won.
2. On July 2017, the Defendant called the victim’s telephone around the end of July 2017 that “If the director of Sha City, who was in charge of the studio construction site in Hoju E and F, hospitalized in an emergency room with cerebrovascular for three days, the Defendant would make the payment after the construction if the director of Sha City, who was in charge of the studio construction site in Hoju E and F, takes charge of the rest of the Sha City (Sama of the first floor of 1st, 201).”
However, in fact, the defendant reached 60 million won the personal debt due to the studio construction, and G, the president of the shower company who first received the above construction site, was not hospitalized with cerebral blood, and was unable to pay the construction cost to G. The defendant received the construction cost from the owner.