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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 16, 2011, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for fraud, and the execution of the sentence was terminated on June 16, 2012.
1. The Defendant subcontracted the removal work of Cmiddle School located in Siljin-si in the amount of KRW 7.5 million, and KRW 8 million, but even if the victims who were daily workers at the time were to work, the amount of the above two construction works exceeds the above amount of KRW 17810,000,000. The Defendant did not have any specific property at the time and did not have any intent or ability to pay wages properly even if concluding an employment contract with the victims for the amount of KRW 50,000,000,000.
Nevertheless, around July 27, 2012, the Defendant, on the street in front of the free meal service site at Guri-si, stating that “The victim E will give KRW 100,000 per day from July 27 to August 20, 2012, the Defendant received services from the victim for 24 days from July 27, 2012 to obtain property benefits equivalent to KRW 2.4 million, as stated in the list of crimes in the attached Table, and acquired property benefits equivalent to KRW 1,781,000,000 in total by being provided from the total of 8 victims, such as the list of crimes.
2. On August 19, 2012, the Defendant, at the Yeongdeungpo-gu Seoul Metropolitan City Yeongdeungpo-gu Market Station, called, “Around August 12:00, the Defendant sent a phone call to the victim F, and “Around August 19, 2012, the Defendant would settle the food of 1.170,000 won on G restaurant in Seocheon-cheon, instead of settling the accounts with the wage as the construction ends.”
However, due to the fact that most of the construction cost to be paid at the time, there was no intention or ability to pay it even if the victim pays the food cost on behalf of the victim.
Nevertheless, the defendant deceiving the victim and let the victim settle the amount of KRW 1.170,00,000, thereby acquiring property profits equivalent to the same amount.
Summary of Evidence
1. The defendant;