beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who operates a construction business by lending the name of the Dispute Resolution Co, which is the representative of the defendant B.
On November 24, 2017, the Defendant made a false statement to the effect that “The total construction cost shall be KRW 270 million, and the down payment shall be KRW 54 million, if he/she entrusts a new construction work to B of neighborhood living facilities in the above parcel, and the down payment shall be KRW 50 million, which shall be commenced on November 27, 2017 and completed until March 2018, the Defendant shall be used only for the said new construction work cost,” and the written contract for construction shall be prepared and issued to the victim.
However, at the time, the Defendant had been liable for the debt incurred at another construction site without any particular property or income, and had been able to repay part of the construction cost, such as down payment and progress payment, which was received from the victim from the beginning, instead of using it at the said new construction site. Other construction site also had little possibility of using it at the said new construction site after receiving the construction cost from the project owner and receiving the construction cost from the victim, so there was no intention or ability to carry out the construction as agreed, even if the Defendant received the construction cost, such as down payment and progress payment, from the victim.
Nevertheless, the Defendant received the victim’s false statement from the victim as above and received a total of KRW 14 million, including KRW 54 million as the down payment, in the name of the Korean bank account (F) in the name of the Dispute Settlement Bank Co., Ltd. on November 24, 2017, and KRW 20 million as the title of progress payment to the above account on December 14 of the same year, and KRW 30 million as the title of progress payment to the above account on December 22 of the same month.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. The statements of witnesses E and G in the second protocol of the trial;
1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;
1. The defendant;