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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around 15:00 on July 2, 2012, the Defendant made a false statement to the effect that “A victim C is likely to incur damages and have not been properly paid the construction cost, which is likely to occur in South Korea, at a place where E commercial buildings located in Gun, Gun, Gun, and Gun, are not paid KRW 120,000,000,000,000,000,000 are lent to 40,000,000,000,000,000 won.”
However, in fact, the Defendant was in bad credit standing at the time and continued to be accumulated in the construction work performed by the Defendant, such as the Gun Studio Corporation and the pentcheon Corporation, etc., and was unable to pay the construction cost and wages to the subcontractor and its wife F, etc., the Defendant was paying the deposited construction cost by lending the money from the Defendant and its wife F, etc. Even if the said E construction cost was paid, the Defendant immediately paid the deposited construction cost, such as the wages, etc. of the Plaintiff who performed the construction work. Accordingly, even if the Defendant borrowed money from the victim, there was no intent or ability to pay the said money.
The Defendant, as such, by deceiving the victim, received KRW 40 million from the victim as the borrowed money on the same day.
2. Around 13:00 on July 12, 2012, the Defendant made a false statement to the effect that “The Defendant was urged the victim to pay the amount of value-added tax incurred from the construction work and the construction work executed by the Party with the construction cost, and the Defendant borrowed KRW 40 million to the Defendant without the mold.”
However, in fact, the victim paid the construction cost including the value added tax in relation to the above Daecheon Construction Project, and the value added tax was refunded to the victim who is the owner of the above construction project.