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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2017 Highest 3284] On November 17, 2016, the Defendant stated that “F” operated by the victim E in Sinsi-si, Sinsi-si, referred construction materials necessary for the construction of the G gas station to be supplied on credit, the Defendant would receive the construction cost from the owner and pay the price.
However, at the time of fact, the Defendant did not have any economic condition to the extent that it would not properly pay the labor cost or the material cost in the existing construction site, and the credit rating was class 9 and thus it was difficult to obtain a loan from the financial company. In addition, when receiving the payment of the new construction cost from the construction owner, the Defendant did not have any intent or ability to pay the material cost as promised by the victim.
Nevertheless, the Defendant, as seen above, received approximately KRW 22,19,412 from November 17, 2016 to March 6, 2017 from the victims of the false statement to the victim and received construction materials equivalent to KRW 22,19,412 from the victim.
[2018 Highest 2628] On November 201, 2016, the Defendant would immediately pay for the construction of a new gas station in the G gas station located in Singu in Singu in H, and for the victimJ operating I to “in constructing a gas station, it would promptly pay for the construction of underground water development works and the production and installation of a underwater water pumps.”
“.....”
However, since the defendant did not pay the construction cost at the time of the existing construction site, even if he received the new construction cost from the owner, he did not have any intention or ability to pay the price as agreed to by the victim because he was willing to use the money to pay the new construction cost.
Nevertheless, the defendant deceiving the victim as above and let the victim complete the construction work of groundwater development in an amount equivalent to KRW 9,350,000,00,000, including value added tax on November 18, 2016, and the production and installation work of underwater pumps, and did not pay the above amount.