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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. [2015 Highest 2039] On April 29, 2014, the Defendant made a false statement to the effect that the Defendant would promptly conclude the installation works, including the mechanical value, at the static point of the “E” in the operation of the Victim D (101) of the Seoul Northern Building, Gwangju Northern District, to the effect that “the Defendant would promptly conclude the installation works, including the mechanical value, at the time of the signing of the human body construction contract with the victim.”
However, even if the defendant receives money from the victim, he thought that he will use it as money for gambling on the Internet, and he did not have an intention or ability to do facility work.
Nevertheless, the Defendant made a false statement as above and received KRW 3,00,000 from the victim to the new bank account (F) in the name of the Defendant’s living together on April 30, 2014, as the facility cost. From around that time to May 1, 2014, the Defendant received KRW 53,700,000 in total six times in the above manner as shown in the crime log (1) as shown in the attached Table of Crimes (1), and acquired it as the facility cost.
2. [2015 Highest 2682] On September 6, 2014, the Defendant expressed that “A victim I will complete the project to remodel the office by September 30, 2014, at the H construction site located in Gwangju Northern-gu G, and that “A project will complete the project to remodel the office by September 30, 2014.”
However, in fact, the defendant was expected to use the construction cost received from the victim as gambling money, and has already been responsible for the debt equivalent to KRW 8,000,000,000, and even if he was paid the money from the victim as the price for the construction, he did not have the ability to complete the construction as the promise.
Nevertheless, the Defendant, as seen above, makes a false statement to the victim and received 6,000,000 won in cash from the victim as personnel expenses around September 6, 2014, as well as 29 times in total as the name of additional construction cost, such as the list of crimes (2).