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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 22, 2015, the Defendant made a false statement to the victim D at the site of the three new construction works for the three new construction works for the three new construction works for the three separate houses located in the Cheongbuk-gun, Chungcheongnam-do, Chungcheongnam-do, stating that “The Defendant would make a construction work for the three new construction works for the three separate houses in the Cheongbuk-do, and would pay the payment for the construction work.”
However, even if the defendant received the materials from the injured party and received them, it was thought that they will be used preferentially for the obligation to borrow separate loans and the defendant's living expenses, etc., at the time, and the defendant was only liable for a debt of about 40 million won at the time and did not have any specific property. Therefore, even if he received the goods from the injured party, he did not have the intent or ability to pay the cost.
The Defendant received a total amount of KRW 11,407,70 from the time of damage to October 29, 2015 from the damaged party.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 6, 2015, the Defendant falsely told the victim E at the location of the three new construction works for the three new construction works for the three new construction works for the three new construction works for the house located in Chungcheongnam-gun, Chungcheongnam-gun, “The Defendant would construct three new construction works for the three new construction works for the house in Boan-gun C, but would pay the payment for the construction work as received.”
However, even if the goods were supplied by the injured party, it was thought that the goods were transported at the time to be used as a separate loan obligation and the Defendant’s living expenses, etc., and the Defendant was only liable for a debt of about 40 million won at the time, and had no specific property. Therefore, even if the goods were supplied by the injured party, there was no intention or ability to pay the price.
The Defendant received a total amount of KRW 21,810,00 from the damaged party to October 29, 2015.
Accordingly, the defendant was given property by deceiving the victim.
b)a summary of the evidence;