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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person engaged in the construction business, and the victim B is a person who leases necessary construction temporary materials (a pipe, power plate, and drrawing materials installed on a wall outside the building) at the construction site.
1. On October 26, 2012, at the Daegu Dong-gu Seoul apartment construction site office, the Defendant made a false statement to the victim that “The Plaintiff is in charge of the construction site of the Daegu apartment construction site with the lower office from D in the present apartment construction plan, and further, the Defendant tried to build the commercial housing site in which the available money punishment is personalized. On the last day of each month, the rent for the leased house would be settled as at the end of each month and paid in cash for the following month.”
However, at the time, the Defendant did not have any property in bad credit and had already been in progress, due to personnel expenses problems, etc. at the construction site of the above C Apartment, and tried to perform construction works in Ulsan to attract the enemy at the above Daegu Construction Site, even if any profit or profit was to be paid, it was thought that he would have been able to repay other obligations, and it was believed that the above enemy would be resolved in the Daegu Construction Site D, a contracting company at the Daegu Construction Site, so the Defendant did not have any intention or ability to pay rent from the beginning even if the victim rents the construction snow.
Ultimately, the Defendant: (a) by deceiving the victim as above; (b) leased the construction temporary materials equivalent to KRW 8,051,800 from the victim around November 2012; and (c) did not pay rent, even though the Defendant leased the construction temporary materials equivalent to KRW 42,327,481 from around that time to June 2013, the Defendant acquired pecuniary benefits equivalent to the said rent by failing to pay the said rent.
2. As in paragraph 1, the Defendant, as the victim, took construction snow from the victim, and entered into a contract with E from November 1, 2012, such as Ulsan-gun F, Ulsan-gun, a project owner,.