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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant: (a) from August 2010 to August 31, 2010, 2012, the Defendant: (b) was a person operating a landscape architecture company B; (c) was entering into a subcontract for a part of the Nakdong River D landscaping project in the Gyeongnam-gun; and (d) the victim E supplied wild flowers, etc. necessary for the landscaping work of the Defendant to a person who operates a flower farm.
At the time, the Defendant received part of the construction cost from C each month, but used more expenses than the originally anticipated, and there was a shortage of funds due to credit payment and debt repayment, etc. In addition, there was no intention or ability to complete payment even if he borrowed money in the situation where there was a debt equivalent to 18 million won of the price of supplied goods that had not been paid to the victim previously, and there was no intention or ability to complete payment.
1. Around June 2, 2011, the Defendant, on June 2, 2011, made a false statement to the victim of the victim’s “G” in the “G” farm of the victim Kim Yong-si, Kim Jong-si, stating that “If the Plaintiff lends KRW 30,000,000,000 to the victim, he/she will receive progress payment from C and complete payment in full, from the following month.”
It received 30 million won from the victim to the defendant's agricultural bank account on the same day, and acquired it through money borrowed.
2. On October 17, 2011, the Defendant committed the crime of October 201, 201, at the same place as the above-mentioned method in the foregoing paragraph 1. Around October 17, 2011, the Defendant acquired KRW 5 million from the victim to the Defendant’s agricultural bank account as the borrowed money and acquired it by fraud.
The Defendant, from November 2008, was performing construction works by re-subcontracting a part of H landscaping construction works from around 2008 to around 2008 from the company I, Inc.
The Defendant, at the construction site of September 2009, supplied wild flowers, etc. to the victim E, a subcontractor of the above golf course, who was another subcontractor of the above golf course.