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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
The defendant was a person who operated the C Office in Seoan-gu, Seoan-gu, Seoan-gu, and the victim D was a person who worked in the above manpower office as a daily worker.
1. On October 22, 2016, the Defendant stated to the effect that “The Defendant shall pay any money to the Defendant for the personnel expenses of the people who work in the manpower office in a daily allowance” to the victim at the construction site of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City E-Industrial Complex F, and that “The Defendant shall pay any money to the victim on the desired date. It shall be necessarily repaid on the desired date, and the interest of
However, in fact, the Defendant had no intent or ability to repay the overdue loan even if the overdue loan amount was paid to the company that subcontracted the construction work on or before October 2014, when the overdue loan amount amounted to KRW 100 million, and most of it was required to pay the overdue loan even if it was paid to the company that subcontracted the construction work at the same time, and there was no specific property other than the malicious loan that was not recovered for a long time.
On October 22, 2016, the Defendant, by deceiving the victim as above, received KRW 6 million from the G Association account (Account Number: H) in the name of the Defendant, and KRW 4 million from the G Association account (Account Number: I) in the name of the Defendant on the same day.
2. At around October 25, 2016, the Defendant called the victim’s phone call to the effect that “the payment of labor cost shall be made, and the additional KRW 7 million shall be loaned, and the borrowed money shall be repaid in gold.”
However, the defendant did not have any intent or ability to repay the borrowed money from the victim for the same reason as the statement in Paragraph 1.
The Defendant, as above, by deceiving the victim, received KRW 7 million from the said G Association account (Account Number: H) around October 25, 2016 under the pretext of borrowing from the victim.
Accordingly, the defendant deceivings the victim and defrauds the total of KRW 17 million.
Summary of Evidence
1. Defendant's legal statement;
1. D. D.