A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant of the 2020 Man-Ma1037 is a person who operates E-conditioner Installation and Repair Business B, who was awarded a contract for air-conditioning precision cleaning and cleaning from a D Hospital located in Gwangju Mine-gu, Gwangju around May 2019, and the Victim E is a person who operates F, a E-condition repair business.

On May 2019, the Defendant made a false statement to the victim at the above D Hospital stating, “I will immediately pay the proceeds at the hospital after completion of the work, the amount of KRW 20 million will be paid at the hospital.”

However, the Defendant had no intention or ability to pay the cost normally even if the Defendant ordered the victim to subcontract the cleaning work, and was willing to use all the price received by the D Hospital, the ordering person, for stock investment.

The Defendant: (a) by deceiving the victim as above; and (b) caused the victim to engage in the work of cleaning and cleaning a total of 414 air conditioners established in the D Hospital from May 28, 2019 to June 23, 2019; (c) but did not pay 20 million won, thereby acquiring pecuniary benefits equivalent to the said amount.

The defendant of 2020 Go-Ma1241 is a person who operates air-conditioning equipment and repair business B, and around September 1, 2018, the defendant was awarded a subcontract for the installation of a system cooling and heating equipment in the DNA Emergency Center Extension Corporation located in Gwangju Mine-gu, Gwangju, by a limited liability company G, and the victim H is a person who operates I, a corporation that installs air-conditioning and cooling equipment.

On October 2018, the Defendant made a false statement to the victim at the above D Hospital stating, “I will pay the victim the cost of the installation of heating and cooling equipment to the D Hospital at the same time after completion of the construction.”

However, even if the defendant re-subcontracts the work of installing air conditioners to the victim, he/she did not have the intention or ability to pay the price normally, and even if he/she receives the installation price from G, all shares.