A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant had removed civil engineering works at a construction site located in Gwanak-gu in Seoul Special Metropolitan City.

On October 17, 2016, the Defendant made a false statement to the effect that “E” is indicated as a victim, but “E” is merely merely a trade name, and that “E” as an operator is identified as the victim. The Defendant made a false statement to the effect that “E is entitled to pay for the rent for the cutting off immediately after the completion of the construction of building removal and civil works at the construction site located in Gwanak-gu, Seoul Special Metropolitan City.”

However, even though the above removal work was required at least 43 million won, the Defendant concluded a contract for removal work with the owner of the building and anticipated to be deemed the damage of the Defendant from the beginning. The Defendant was at least 30 million won even if the Defendant did not pay other construction sites. Since April 2014, the Defendant was unable to pay various construction costs, and the Defendant did not have the intent and ability to pay the flag rent even if he leased the flag from the damaged party, such as the issuance of a summary order four times, and completed the removal and civil construction work.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim from the victim, the victim was leased 14 times from October 21, 2016 to November 5, 2016 and continued construction; (c) did not pay rent of KRW 117 million; and (d) acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A complaint filed in D;

1. A criminal investigation report (Evidence No. 6, 13, 17, and 18), accompanying documents;

1. Application of statutes governing standard agreement on the lease of construction machinery;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the general fraud category 1 (less than KRW 100 million).