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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
around December 2013, the Defendant, “2017 Highest 3104,” was unable to repay the amount of KRW 200 million to KRW 300 million due to his personal debt, or the amount of debt incurred in purchasing a house on or around June 2013. In the status of the debt incurred in purchasing a house on or around March 2015, the Defendant had to pay the amount of debt preferentially to his personal debt even if the amount of debt accumulated at the end of 2015 exceeds KRW 40 million due to the accumulation of debt and the amount of debt accumulated at the end of 2015 exceeds KRW 50 million.
On May 1, 2016, at C Hospital located in Gwanak-gu, Seoul Special Metropolitan City around May 1, 2016, the Defendant would immediately pay the cost of construction to the victim D upon completion of the signboard construction work by May 30, 2016.
“The phrase “ was false.”
However, for the foregoing reasons, the Defendant did not have any intent or ability to pay the price for a signboard to the victim because the Defendant, even if receiving the construction cost, was thought to have paid the personal debt or paid the construction cost only to some subcontractor.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim complete the signboard construction on May 30, 2016; and (c) did not pay 22.7 million won of the price; and (d) acquired financial benefits equivalent to the said amount.
Accordingly, the defendant acquired the pecuniary benefits from the damaged person.
The defendant of "2017 Highest 5765" is a person who operates the Human Rights Building Business E.
1. The Defendant, at the construction site of G burial located in F at the cost of around February 2017 to March 2, 2017, ordered the victim H to pay the construction cost immediately upon completion of the electrical construction of J burial located in G Burial and Siung-si I.
“.....”
However, at the time of fact, the Defendant paid the 30 million won debt, the 80 million won debt, and the 50 million won unpaid tax, and even if the construction cost has been actually paid, the Defendant paid the personal debt or paid the construction cost only to some subordinate companies.