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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who operates a construction business partnershipB.
1. On July 2016, the Defendant, at the D office of the victim C’s operation in Ulsan-gun, Ulsan-gu, Ulsan-do, the Defendant: (a) received a subcontractor’s house reconstruction work from the E comprehensive construction company, and (b) received materials, such as hardware necessary for construction, from credit and paid the price without a mold.
“False speech was made to the effect that it was “.”
However, in fact, the Defendant was unable to pay the employee’s wages from around 2014, and around 2015, at the time of establishing the (State)B, the Defendant lent the full amount of KRW 200 million capital to others at the time of the establishment of the (state) and carried out unreasonable construction without any specific property. Therefore, even if materials are supplied on credit from the injured party, there was no intention or ability to pay the said amount.
The Defendant, as such, by deceiving the victim, received an amount equivalent to KRW 124,795 from the victim on August 1, 2016, from the victim, and from that time until October 19, 2016, the Defendant received the supply of materials equivalent to KRW 115,605,149 in total on 44 occasions in the following manner: (a) as shown in the list of crimes in attached Table (1) as above, from October 19, 2016.
2. At the end of August 2016, the Defendant, at the foregoing D office, received a premium from the G General Construction Company, and carried out H apartment construction work in Ulsan-gu, Ulsan-gu, Seoul-gu. The Defendant would receive a fluort gold from the credit supply of steel and other materials necessary for the construction.
“False speech was made to the effect that it was “.”
However, the defendant did not have the intent or ability to pay the price to the victim as stated in the above 1.
As such, the Defendant deceiving the victim and received an amount equivalent to KRW 47,850 from the victim on September 1, 2016, and from that time until November 3, 2016, as shown in the List of Crimes (2).