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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 3, 2013, the Defendant made a false statement to the victim D to pay KRW 10 million to the victim D, equivalent to KRW 20% of the rent at the time of the foundation construction, KRW 20 million equivalent to KRW 40% of the rent at the time of completion of the foundation construction, and KRW 20 million equivalent to KRW 40% of the rent at the time of completion of the foundation construction.
However, in fact, the Defendant continued construction without capital, and the financial situation was not good to the extent that it could not pay wages to the employees in around 2012. Therefore, even if construction materials are leased and supplied from the injured party, the Defendant did not have the intent or ability to pay rent to the victim.
As above, the Defendant was provided with construction materials, etc. worth approximately KRW 50 million from July 15, 2013 to October 29, 2013 by deceiving the victim and deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes governing entry into and departure from each site, and issuance of specifications of transactions;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;