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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. The criminal defendant against the victim (the State)C is a person who actually operated, from April 1, 2010 to January 201, 201, the victim (the State)D.
On December 22, 2010, the Defendant stated that “The head of the business division of the victim(s)C shall be required at the construction site” E in the business division of the victim(s) E within the “D office” office operated by the Defendant. In advance, if materials are stored in advance, the amount will be paid in full after a month.”
However, in fact, the Defendant had a considerable of KRW 800,000 with the Defendant’s liability to financial institutions, and it is proceeding with subcontracting work by leasing materials on credit without any special asset.
Since the damage was accumulated, there was no intention or ability to pay the price for the material even if the material is supplied by the victim.
The defendant received from the victim such materials as 11,800,000 won in the market price, and pipes immediately.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant against the Victim F is a person who actually operated the Victim F from January 27, 2011 to December 201, 201.
On March 201, the Defendant stated that “I would deliver wooden materials, at the construction site of the Daegu Suwon-gu H, the victim F will settle the payment two months after the delivery of wooden materials.”
However, in fact, the Defendant had a considerable of KRW 800,000 with the Defendant’s liability to financial institutions, and it is proceeding with subcontracting work by leasing materials on credit without any special asset.
Since the damage was accumulated, there was no intention or ability to pay the price for the wooden material even if the material was supplied by the victim.
The Defendant received timber equivalent to KRW 4,440,00,00 from the victim on March 15, 201, as well as the supply of timber equivalent to the market price by May 28, 201.
Accordingly, the defendant was given property by deceiving the victim.
3. The Defendant against the victim J on April 2011.