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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the support of Suwon Friwon, and the judgment became final and conclusive on July 28, 2017.
【Criminal facts” (hereinafter “C”) on November 1, 2015, the Defendant established and operated a interior contractor with the trade name of “C,” and concluded a subcontract with the amount less than the original contract and brought about an amount equivalent to the difference. However, since January 2016, since the signing of a subcontract with the amount higher than the original contract was repeated, there have occurred an enemy as the subcontract was repeated, and the payment of the construction price was impossible at that time. From May 2016, the obligation for the unpaid construction price was continuously increased, and the demand for the payment of the construction price was continued from the subcontractor.
On June 6, 2016, the Defendant sent a telephone to the victim D at a place where he was not a police officer of early 2016, and requested the metal construction work to be entrusted. When the construction work is completed, the Defendant will pay the construction cost immediately.
“A false statement” was made.
However, the Defendant did not have any particular income or property other than the income accrued from the above C. Meanwhile, at that time, the obligation for the payment of the construction price under the previous subcontract was continuously urged by the subcontractors for the payment of the construction price by approximately KRW 30 million, and the Minister of Finance and Economy of C bears the loan amount of KRW 300 million and KRW 50 million, and he was paid at least KRW 2.5 million per month as interest. Other national taxes in arrears amounting to approximately KRW 80 million, but there was no intention or ability to pay the construction price as promised even if the victim completed the metal construction work.
As such, the Defendant deceivings the victim, and thereby, the victim under which he belongs is the metal construction work on October 24, 2016.