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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of the D Co., Ltd., a company of the construction execution business of the business of replacing the news block of the apartment complex in Yongsan-si
On April 10, 2013, the Defendant, despite the absence of the intent or ability to pay the cost normally even after renting crails equipment from the victim E, made a false statement to the victim that the Defendant would pay the cost of equipment as soon as the construction is completed if the Defendant leased clave equipment to the Glave Construction on the Glag site, in spite of the absence of intent or ability to pay the cost normally.
Ultimately, from April 22, 2013 to April 24, 2013, the Defendant leased scke equipment from the victim for three days from April 22, 2013, and did not pay KRW 1,276,000 to the victim’s pecuniary profit.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Each prosecutor's protocol of examination of the accused;
1. The prosecutor's statement concerning the F;
1. Investigation reports (record files, such as copies of account details submitted by suspects);
1. Application of each detailed Act and subordinate statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant and his defense counsel asserted that the Defendant had the intent and ability to pay the instant equipment costs. However, the Defendant asserted that: (a) the first G Co., Ltd. (hereinafter “G”) received an apartment news reporting block construction (hereinafter “instant construction”) according to the evidence duly adopted and investigated by the court; (b) given that the first G Co., Ltd. (hereinafter “G”) did so, but gave up the construction by predicting the enemy’s day; and (c) transferred the construction to D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) operated by the Defendant to give a subcontract; and (b) at the time when G was ordered to do the instant construction.