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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to four months of imprisonment for fraud, etc. at the Changwon District Court on February 13, 2014, and on April 9, 2014, the same court was sentenced to ten months of imprisonment for fraud, etc. on January 7, 2015, and completed the execution of each of the above punishment in the Tongwon District Court on September 23, 2015. On September 23, 2015, the execution of the sentence was completed at the Changwon District Court’s Changwon District Court’s Changwon District Court’s imprisonment with prison labor on August 5, 2016. On May 11, 2017, the said judgment became final and conclusive on July 7, 2017 by being sentenced to eight months of imprisonment for fraud.
[Criminal facts]
1. Around October 2016, the Defendant related to the failure to pay personnel expenses made a false statement to the effect that “E” in the “E” office located in Changwon-si, Changwon-gu, Changwon-si, the Victim C, which is operated by the Defendant, provided that “I will pay for personnel expenses on the face of the supply of human resources,” and “I would like to supply the human resources to the victim with a capital to do so at the Gyeongnam National Industrial Complex.”
However, at the time, the Defendant was released from prison on April 5, 2016, and the Defendant was supplied with all the raw materials, human resources, and oil to operate the drug treatment plant without any particular property on credit. From around 2012, the Defendant was unable to pay national taxes equivalent to KRW 40 million, and was not able to receive profits from the drug treatment project, and even if profits were incurred, the Defendant was in a situation where the obligation to pay the existing debts first with the profits was required to be repaid, so the Defendant was supplied with human resources from the victims.
(2) there is no intention or ability to pay the price normally.
Nevertheless, from October 14, 2016 to October 30 of the same month, the Defendant received human resources for a total of nine times as indicated in the list of crimes, and did not pay a total of 6,960,000 won, thereby acquiring property gains equivalent to that amount.
2. On November 10, 2016, the Defendant was urged to pay personnel expenses from the injured party.