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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 4, 2016, the Defendant committed an act as if the Defendant would normally pay monthly salary at the office of the Co., Ltd., a civil engineering company, which is a civil engineering company operating the Defendant, Gangseo-gu Busan and 118 214 dong 20,000,000 won per month, and employed the victim E.
However, in fact, the Defendant had no money remaining when using the term of construction work in the process of receiving a subcontract for civil engineering works in the above company, as management expenses of the company or on-site materials expenses. On the other hand, there was no other debt amounting to KRW 25 million, while there was no other property, there was no intention or ability to pay the victim wages normally.
Nevertheless, the defendant deceiving the victim as above and let the victim work as an employee of the above company for three months from the above day to September 23, 2016.
Accordingly, the Defendant, by deceiving the victim, acquired financial benefits equivalent to 7.5 million won in total between the three months of wages.
2. On July 4, 2016, the Defendant: (a) lent the victim with no cost necessary to deal with the business; (b) the Defendant paid off the business; and (c) the Defendant paid off the business.
“A false representation was made.”
However, even if the defendant used the card from the injured party for the expenses, the defendant did not have the intention or ability to pay it as described in the above paragraph 1.
Nevertheless, the Defendant, as seen above, received a new check from the injured party and received a new check from the injured party, and used 7,798,551 won in total over 51 times from the above day to July 25, 2016 as shown in the list of crimes in the attached Table (1). Around August 2016, the Defendant received a new credit card from the injured party at the above office and used 2,613,899 won in total over 73 times from August 8, 2016 to September 20, 2016, such as the list of crimes in the attached Table (2).
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
3. The Defendant is a policeman on July 2016.