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 became final and conclusive.

Punishment of the crime

From February 2009 to December 31, 2012, the Defendant served as the representative director of the Co., Ltd. established for the purpose of designing and surveying business.

[2014 Highest 775] On August 4, 2010, the Defendant made a false statement to the victim E, “The part of the survey of the working design service for the improvement project for the habitual completion of one other in the Gyeongcheon-gu, Seoul Metropolitan City, and one other located in the Gyeongnam-gu, would be changed.” The Defendant would pay the price as the end of the day.

However, the Defendant needs to pay approximately KRW 50 million every month due to the employees’ benefits or office operation expenses. Around KRW 10 million per month, various taxes have been incurred and various taxes have been in arrears, and there has been approximately KRW 45 million in personal debt, and there has been no intention or ability to pay the price even if the Defendant received survey services from the victim.

피고인은 이와 같이 피해자를 기망하여 이에 속은 피해자로부터 그 무렵 1,200만 원 상당의 측량 용역을 제공받은 것을 비롯하여 2009. 4.경부터 2013. 1. 18.경까지 별지 범죄일람표⑴ 내지 ⑺ 기재와 같이 28회에 걸쳐 피해자들로부터 합계 312,917,236원 상당의 용역 등을 제공받는 방법으로 동액 상당의 재산상 이득을 취득하였다.

[2014 Highest 2061] On November 19, 2013, the Defendant made a false statement to the effect that “The Defendant would pay KRW 20 million until February 25, 2014 to the victim H, the representative director of the KFF building in the second floor of Busan FF building, which was operated by the Defendant.”

However, in fact, the Defendant had a debt amounting to KRW 360 million at the time, and even if having received money from the I, it should be paid to the employees' wages, etc., and even if having received money, it should be provided with geological survey services from the victim.