beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
The United Nations General Construction Co., Ltd. was awarded a contract for the construction of the C Park from a female city, and the C Park Construction Co., Ltd. was awarded a subcontract for the construction of the landscaping facilities from E.S. Around April 1, 2010 in the name of the State of the Co., Ltd., the Defendant was awarded a subcontract for the installation and transportation of a Chinese-style cryer among the above construction works, for a total of KRW 264 million. On April 2010, the victim D had been awarded a subcontract for the installation and transportation of a Chinese-style cryer, which was traditional cryer from the Defendant at KRW 146 million.
On April 2010, the Defendant stated that “In F office operated by the Victim D located in Simcheon-si, the Defendant would pay the victim the 146 million construction cost and the construction cost according to the nature of the construction work.”
However, the Defendant did not have any particular property or income under the name of the Defendant, while, at least KRW 100,000, the Defendant was under the title of “refiscing” in the manner of receiving the payment for the completion of the construction project in progress, and repaying the existing obligation. Even if the Defendant received the payment for the completion of the construction project in the place where the construction project is in progress, he did not have any intent or ability to pay the construction cost at time, even if the Defendant had the victim do so in a serious place among the existing obligations, even if he did not have to do so.
As such, the Defendant, by deceiving the victim, had the victim do 2 traditional land-building installation work until December 2010, and paid 25,000,000 won out of the subscription price, and acquired pecuniary benefits equivalent to the same amount by not paying the remainder of 42,650,000 won.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and H;
1. The material delivery contract, quotation, each receipt, and the mobile banking transfer certificate;