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A defendant shall be punished by imprisonment with prison labor for up to six months.
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
[Criminal Power] On May 28, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Cheongju District Court, and the said judgment became final and conclusive on November 4, 2015.
【Criminal Facts】
In fact, it is unclear whether the Defendant is entitled to receive the contract deposit for the construction work of food manufacturing plant in the same year, and since there was no particular property or income and there was a debt of about 60 million won, there was no intention or ability to complete the payment even if the Defendant borrowed money from the victim D.
1. On August 12, 2014, the Defendant made a false statement to the effect that “The Defendant shall pay the victim’s wages and raw materials payment for the construction of the school building” to the victim at the victim’s office located in the wife population E. It is expected that the contract deposit for the construction of the food manufacturing plant located in the Dong-si, Gangwon-do would be made, but if the contract deposit is borrowed only KRW 70 million to be repaid if the contract deposit is paid, it would be repaid within seven days if the request for the return is made.”
The Defendant received 70 million won from the victim to the Defendant’s account in the name of borrowed money on the same day.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
2. On September 2, 2014, the Defendant made a false statement to the effect that “The Defendant borrowed money from the victim’s office that he/she did not execute the full payment of raw materials related to the construction of the present church. In the same year, the contract deposit for construction works has been settled at the bank, and the execution has been delayed and delayed, so he/she would receive the money in a lump sum and receive the money.”
The Defendant received 20 million won from the victim to the Defendant’s account on the same day and 10 million won around the fourth day of the same month.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The defendant;