A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[criminal power] On July 25, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of fraud, fraud, fabrication of private documents, etc. at the Goyang Branch of the Jung-gu District Court on March 25, 2019 and the said judgment became final and conclusive on August 2, 2019.

【Criminal Facts】

Around July 18, 2016, the Defendant made a false statement to the effect that “The Defendant would pay the cost of using equipment, such as oil voltages, at intervals of 10 days from the lease of equipment, to the victim B during the construction of C.”

However, from 2008 to 2008, the Defendant was unable to engage in a financial transaction under his name as a person with bad credit standing. On June 10, 2009, the Defendant was in the escape of not paying a fine of KRW 4 million, which was issued a summary order from the Goyang Branch Branch of the Jung-gu District Court, and the Defendant was in excess of his/her obligation, such as equipment rent, etc. in other construction sites, and thus, there was no intention or ability to pay the amount by leasing equipment from the victim.

The defendant from July 18, 2016 to the victim of the same year.

9. Until December 28, 200, by leasing equipment, such as oil pressure lifts, etc., and inserting it into D’s new C construction work at the Gangseo Sea, the Plaintiff did not pay KRW 36,090,000.

Accordingly, the Defendant acquired property benefits equivalent to KRW 36,090,000 due to the Defendant’s deception of the victim and the Defendant’s failure to pay the amount, even though he leased the construction equipment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Investigation report (the complainant B, witness E and telephone communications);

1. A written complaint and a written confirmation of damage;

1. Each construction subcontract agreement and specification of transactions;

1. Previous records of judgment: Criminal records, results of inquiry into criminal records, and application of Acts and subordinate statutes (2019Sang358);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;