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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.
Reasons
Punishment of the crime
1. On November 4, 2013, the Defendant made a false statement to the effect that “The Defendant would immediately pay the construction cost upon completion of civil engineering works” to the victim F at the construction site for electric source housing located on the ground of Hongcheon-gun E (hereinafter “instant land”).
However, the defendant had no intention or ability to pay the construction cost in time even if the victim completes the construction work because it is difficult for the defendant to borrow funds from other persons due to the lack of particular property.
As such, the Defendant, by deceiving the victim, had the victim take part in the civil engineering work from November 18, 2013 to December 14, 2013, and had the victim take part in the civil engineering work at the above site, and did not pay an amount equivalent to KRW 4.5 million of the construction cost, thereby acquiring pecuniary benefits equivalent to the same amount.
2. Around May 17, 2014, the Defendant made a false statement to the effect that “H” restaurant located in Hongcheon-gun G of Gangwon-gun that “A victim I would make several strings of his/her daily life and drink booms a week to make a calculation once a week.”
However, the defendant did not have the intention or ability to pay the food expenses in time, even if he received meals from the victim, because it is difficult for the defendant to borrow funds from other persons due to the lack of particular assets to proceed with the construction.
As such, the Defendant, by deceiving the victim, received meals from the victim from May 17, 2014 to May 31, 2014, and from July 18, 2014 to July 30, 2014, and acquired pecuniary benefits equivalent to KRW 1,766,00, by failing to pay meals.
3. On June 2014, the Defendant made a false statement that “The Defendant would pay the construction cost on the date of the completion of the basic construction work, such as reinforcement soil and ground destruction, at the construction site of the L-power House,” to the victim K at the construction site of the Seocho-gun Hongcheon-gun, Hongcheon-gun.”
However, the defendant has no particular property and borrowed funds from other persons to proceed with the construction work.