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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around May 2014, the Defendant: (a) committed fraud against the victim B; (b) at the D Animal Hospital located in the Northern-gu, Busan; (c) the victim B, saying, “In the Republic of Korea, the Plaintiff is doing an Epic construction work for the Franc store located in the Seo-gu, Busan; (d) one air-conditioner is installed at the same time; (e) the price shall be paid from the State.”
However, in fact, the Defendant received the air-conditioner’s payment from the State to KRW 50 million, and did not have the intent or ability to pay the air-conditioner’s payment to the victim as the promise did not have any intention or ability to pay the air-conditioner’s payment to the victim.
On June 19, 2014, the Defendant, by deceiving the victim as above, received delivery from the victim of Samsung C&T (product number SY130H4B1) one unit of Samsung C&T (product number SY130H4B1) equivalent to the market value of KRW 2.75 million.
2. Fraud in relation to the victim G;
A. On June 2014, the Defendant told the victim G that “When paying KRW 1.2 million, the Defendant would complete the said store electrical pressure construction work with the said money.”
However, in fact, the defendant thought that the existing unpaid material costs and personnel expenses amounting to KRW 50 million to KRW 60 million will be used with money from the victim to repay the above debt, and as the promise did not have the intent or ability to complete the electrical pressure construction work.
As above, the Defendant, by deceiving the victim, received 100,000 won in cash directly from the victim on June 8, 2014, and received 1.1 million won in total from June 16, 2014 to the account and received delivery of 1.2 million won in total.
B. From July 2014, the Defendant told the victim G that “When paying KRW 450,00,000 to the victim G, the Defendant would request the air conditioner B to move air conditioners to the air conditioner B to complete work.”
However, the Defendant did not pay air-conditioner fees to B as described in paragraph (1).