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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
1. On August 2015, the Defendant: (a) at the construction site of a new building located in the Seoul Special Self-Governing Province, the Defendant: (b) stated that “A victim C would receive construction payment from the owner of the building immediately after completing the construction work. A construction business operator employed by the Defendant would have paid, instead of personnel expenses, etc., to the construction business operator employed by him/her, in the order of October 2015.
However, at the time, the Defendant was unable to carry out construction as required by the owner, and the construction amount was exceeded than the expected estimate, and the completion of construction was difficult to receive construction payment from the owner, and the Defendant did not have any intention or ability to pay the above payment, unlike the fact that he did not have any intention or ability to pay it.
From around August 4, 2016 to September 23, 2015, the Defendant paid 32,562,800 won in total as labor cost, etc. over 35 times from around that time, as shown in attached Table No. 1 of the Crime List from around September 23, 2015.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. On August 2015, the Defendant: (a) was at the construction site of a new building located in the Seoul Special Self-Governing Province of the North Korean War, and (b) the victim C paid the construction cost from the owner of the building immediately after completing the construction work; (c) the construction business operator employed by the Defendant would have paid the construction cost to the owner of the building by October 2015 instead of labor cost, etc.
However, at the time, the Defendant was unable to carry out construction as required by the owner, and the construction amount was exceeded than the expected estimate, and the completion of construction was difficult to receive construction payment from the owner, and the Defendant did not have any intention or ability to pay the above payment, unlike the fact that he did not have any intention or ability to pay it.
The Defendant is the F account of the victim around August 18, 2015.