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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is the representative director of C corporation.
C concluded a service agreement with the victim at the victim's Smart City office located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government from October 21, 2013 to April 30, 2014, with a construction period of 117,00,000 won, and with a payment statement of 16,70,000 won each month after the issuance of the payment statement, and with a payment statement of 16,70,000 won each month from October 15, 2013.
1. On November 4, 2013, the Defendant agreed to pay KRW 48,00,000 per month to pay KRW 8,00,00 per month on the 15th of the following month after issuance of an invoice, and the contract period from November 4, 2013 to April 30, 2014, when concluding an additional contract for the development of services for the re-building of the settlement system with the victim at the above victim’s office.
However, in fact, even if the company's operating funds are insufficient at the time, it was thought that it will be used as the company's operating funds, such as the payment of employee's wages, and employees' wages were delayed due to the absence of any particular property or income, and there was no intention or ability to pay the service fees properly even if the company receives additional services from the victim.
As above, the Defendant, by deceiving the victim and being provided with the above service from the victim, did not pay the above service, thereby acquiring property benefits equivalent to KRW 48,00,000.
2. On February 12, 2014, the Defendant committed the crime of February 12, 2014: (a) concluded a contract to amend a contract concluded around October 21, 2013 with the victim at the victim’s office around February 12, 2014; (b) paid KRW 72,00,000 per month until February 15, 2014 after the issuance of the tax invoice; (c) paid KRW 5,200,000 per month until February 2014; and (d) the amount of the last invoice issued; and (e) the period of construction.