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A defendant shall be punished by imprisonment for one year.
However, 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
The defendant of "2019 Highest 5758" is a person who performs human test works under the trade name of F.
1. On October 25, 2018, the Defendant: (a) drafted a construction subcontract agreement with the victim, stating to the effect that “The part of the fish production and construction shall be KRW 20,000,000 for the remainder 15,122,50,000 from October 29, 2018 to November 15, 2018, the victim H, at the site of a new gallon construction work located in G in Jeju-si; and (b) that “The victim and the victim shall first demand the down payment of KRW 20,00,000.”
However, in fact, the Defendant did not have any intention or ability to normally perform the construction work even if he received the down payment from the victim because only a debt worth worth KRW 100 million without any special property and he thought to use the money received from the victim as repayment of the existing debt.
Nevertheless, the Defendant, by deceiving the victim as above, received 22,00,000 won as down payment from one bank account (K) in the name of J on the same day.
2. On November 7, 2018, the Defendant, at the above construction site, drafted a construction subcontract agreement with the victim, stating to the effect that “from November 7, 2018 to November 30, 2018, the victim H, the site manager of the victim H, KRW 34,650,00, the balance of 34,650,000, and the remainder of 34,650,000.”
However, the defendant did not have the intention or ability to normally perform the construction work even if he receives the down payment from the victim for the same reasons as the statement in paragraph (1).
Nevertheless, the Defendant, by deceiving the victim as above, received 34,650,000 won under the name of the J as stipulated in Paragraph (1) of the same day from the victim.
3. On December 5, 2018, the Defendant: (a) around the aforementioned construction site, and (b) around December 5, 2018, the Defendant would work for the Corporation at KRW 9,875,250 on a gallon, which is installed in a gallon, from December 6, 2018 to December 11, 2018.