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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On May 24, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and the said judgment became final and conclusive on June 1, 2013.
【Criminal Facts】
1. On November 30, 2009, the criminal defendant against the victim C subcontracted the victim C with the internal partitions construction in the E office operated by the defendant in the Gu, Si, Si, Gu, and the victim C, who is the representative director, with the false statement that "if the construction is completed, all of the construction cost will be KRW 5,940,000."
However, on November 11, 2009, the Defendant had no intention or ability to pay the construction cost even if the victim completed the construction work from the beginning because the Defendant had the obligation to pay 980 million won, such as a default bill, at the wind of the above E, due to the default of payment of 98 million won.
Around December 2009, the Defendant, by deceiving the victim, had the victim complete construction of internal partitions of G Co., Ltd., Ltd., and did not pay construction cost of KRW 5,940,000, and acquired property benefits equivalent to the same amount. From around that time to February 201, the Defendant acquired property benefits equivalent to the same amount by deceiving the victim through 12 times in total as described in the separate crime list between around 201 and around 30,000, thereby avoiding payment of KRW 48,810,000.
2. On March 20, 2010, the criminal defendant against the victim H made a false statement to the victim of the J office operated by the victim H in the Gu, Si, Si, Si, Gu, the defendant supplied steel materials to the plant construction works in the Chungcheongnam-si L, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the party who received a contract from the victim H, and paid the purchase price in cash.
However, at the time of November 11, 2009, the Defendant was liable for the payment of the amount of KRW 980 million on the wind of the Defendant’s operation, and thus, the Defendant did not have the intent or ability to pay the payment even if he received steel materials from the victim.