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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who, from February 5, 2008 to May 2, 2014, engaged in cable construction business with the trade name of “stock company C” in the original city B from February 5, 2008.
1. Around May 31, 2013, the Defendant, against the victim D, made a false statement to the victim D, stating that “The victim D will pay the construction cost within seven days from the receipt of the construction cost from the ordering office by entrusting the land E unit replacement work.”
However, in fact, the Defendant, at the time, was liable for financial rights equivalent to KRW 53,292,00, and for construction costs exceeding KRW 80,000,00, and there was no particular revenue. Therefore, even if the Defendant received the construction payment from the ordering office, it was in a situation that should be used to repay the above existing obligations, and there was no intent or ability to pay the said victims the construction cost.
Nevertheless, as above, the Defendant, by deceiving the victim D as above, had the above victim complete construction work equivalent to KRW 94,445,000, and did not pay the price, thereby acquiring property benefits.
2. On June 2013, the Defendant made a false statement to the victim F that “The victim F was entrusted with cable construction work to D, and the cable materials will be supplied at the construction site.”
However, in fact, the Defendant, at the time, was liable for financial rights equivalent to KRW 53,292,00, and for construction costs exceeding KRW 80,000,00, and there was no particular revenue. Therefore, even if the Defendant received the construction payment from the ordering office, it was in a situation that should be used to repay the above existing obligations, and there was no intent or ability to pay the said victims the construction cost.
Nevertheless, the Defendant, as above, deceiving the Victim F and then, received cable materials equivalent to KRW 12,875,00 at the market price from the said Victim around July 2, 2013, and paid the amount.