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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, with the trade name of “F” in Gangseo-gu Busan Metropolitan City, obtained a total of KRW 25,591,000 on six occasions by requesting the Defendant to perform work without intent or ability to pay the construction cost even if he/she performs work with five victims, as follows: (a) there is no special property around March 2015; (b) there is no employee wage payment; and (c) the outstanding amount to be paid to the transaction company is accumulated; and (d) there is a shortage of corporate operation funds.
[Attachment]
1. Fraud against the victim G;
A. On March 23, 2015, the Defendant, without intent or ability to pay for the operating expenses of the digging season in around March 23, 2015, paid to the victim at the site of “H high school” removal work in Busan-gu, Busan-gu, for the removal work of the H high school gymnasium to pay for the gymnasium removal work between the gymnasium removal work site.
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As such, the Defendant, by deceiving the victim and having the victim do so from the same day to the next day, acquired pecuniary benefits equivalent to KRW 1,595,000 of working expenses.
B. On July 24, 2015, the Defendant, with respect to the drilling operations in front of the J Station, will pay the victim the cost of operating the digging range at the Busan (hereinafter referred to as “unclaimed area”)’s site in Busan (hereinafter referred to as “SJ”) without intent or ability to pay the cost of operating the digging range at around the Busan (SJK) parking site.
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As such, the Defendant, by deceiving the victim and having the victim do so from the same day to the next day, acquired pecuniary benefits equivalent to KRW 1,595,000 of working expenses.
2. On March 9, 2015, the Defendant against the victim L, without the intention or ability to pay for the amount of the rent for the cutting-off season on or around March 9, 2015, was removed from the victim to the freezing warehouse in Busan (hereinafter referred to as “unclaimed land”).