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A defendant shall be punished by imprisonment for six months.
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 is a person who is engaged in interior work with the trade name of “B”.
1. On April 20, 2014, the Defendant, against the victim C, received KRW 8 million from the post office account (Account Number: E) in the name of the Defendant’s name on April 20, 2014, to the victim C, stating that “The victim would complete the interior construction on the said D apartment that the victim would move up until May 10, 2014,” and received KRW 8 million from the victim C.
On April 24, 2014, the Defendant continued to call the victim on phone, stating, “The Dolst Park and attached Sheet Park,” and received eight million won from an enterprise which must make an order in advance, after purchasing materials, and then making an intermediate payment of eight million won in advance.” On April 24, 2014, the Defendant was remitted to the said post office account under the name of the Defendant.
However, in fact, the Defendant was ordered from around 2007 to receive interior works, and the Defendant did not complete the construction work according to the agreement, did not pay labor costs or material costs to the previous construction site, and was punished for the violation of the Labor Standards Act and was committed several times of fraud or crime of violation of the Labor Standards Act. Even if the Defendant received the construction cost from the victim due to financial difficulties, the Defendant was obliged to use it for the repayment of obligations to the existing construction site. Therefore, the Defendant did not have any intent or ability to complete the construction within the agreed period due to the Defendant’s failure to properly pay labor costs or material costs to the construction site.
Nevertheless, the Defendant made a false statement as above, and acquired a total of KRW 16 million from the victim as a construction price.
2. On January 4, 2015, the defrauded F, at the Defendant’s office located in Busan Shipping Daegu G building 806, the victim F, “F, by January 31, 2015, the victim F, by January 31, 2015.”