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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2017 Highest 3467"
1. On June 13, 2016, the Defendant entered into a contract with the U.S. U.S. U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S
However, at the time of fact, the defendant has a large amount of obligation, and even if he has received construction cost from the injured party, he thought that it would be used as the defendant's debt repayment and living cost, and he did not have an intention or ability to normally execute construction work by purchasing construction materials
Nevertheless, the Defendant was transferred from the injured party to a new bank account in the name of H, the Defendant’s wife, at the expense of construction, KRW 8.5 million on June 13, 2016, and KRW 3.4 million on June 29, 201.
Accordingly, the defendant was given property by deceiving the victim.
"2017 Highest 3654"
2. On December 27, 2016, the Defendant entered into a contract with the victim K’s authorized broker office in Ulsan-gu I (the “J” of the indictment is a clerical error, correction, etc.), under which the victim is requested from the injured party to undertake the remodeling of the building in Ulsan-gu L and Ulsan-gu and to complete the construction by February 28, 2017 with the victim’s total construction cost of KRW 115 million.
In trust and good faith, the construction will be done well.
In addition, it made a false statement to the effect that “The construction cost may be paid in advance prior to the date of the intermediate payment, as the materials necessary for the construction may be supplied at a discount and at a discounted amount.”
However, at the time of fact, the defendant bears a large amount of liability, and even if he receives construction cost from the injured party, he shall use it as the defendant's debt repayment and living cost.