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A defendant shall be punished by imprisonment for one year.
except that 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. Around January 13, 2013, the deceased Defendant met the victim E who was found to receive construction materials from the Defendant after obtaining introduction from the Defendant, who is the Defendant’s seat.
In the past, the defendant suggested that he would receive orders for construction works within Jeju-do through the defendant in the name of director at the above F Jeju Business Office, which was produced for this purpose, was the victim and carried out as the director of the above company. The defendant was requested from the victim for the supply of middle and high sized 800 copies (one truck minutes) and 2000 copies (two million won for the joint purchase price) respectively, and the victim stated that "the defendant will send 9 million won to the construction site first, and send 6 million won for each purchase price to the construction site within this frame, and send 6 million won for each purchase price to the construction site within one week."
However, in fact, the Defendant was in arrears with wage of not less than 30,000 won in other construction sites, and the circumstances of funds have deteriorated, such as delayed payment of rent for construction materials, such as basin pumps, leased from G, the customer, etc. As such, the Defendant attempted to use the price for the materials to be received from the victim in repayment of his/her personal debt, and there was no particular financial capability to supply the materials to the victim to the victim or to purchase them from the customer immediately. Therefore, even if the Defendant received the price for the materials from the victim, there was no intent or ability to supply the materials within the agreed date.
Ultimately, the Defendant, by deceiving the victim as such, remitted the sum of KRW 8 million, including KRW 4.5 million from the victim on January 14, 2013 and KRW 3.5 million on January 22, 2013, and received the remainder of KRW 1 million from the victim on the pretext of the purchase price.