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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of "2015 Highest 5221" is the implementer of C building, and the victim D is the supplier of tin materials at the construction site of the building.
The Defendant, around June 12, 2013, at the office adjacent to the Seo-gu Incheon Metropolitan Government C building, drafted a letter of payment for KRW 35,000,000 in the cost of tin materials supplied to G to the private person E.
In lieu of other words, the letter of payment in F was prepared at the end of the false phrase, “The supply of tin materials necessary for the completion of the C building.”
However, in fact, the defendant is not F, the main owner of the above building, and the Korean comprehensive construction (main owner) has paid the construction cost to the subcontractor G, who is in charge of the construction of tin materials. Since G consumeds the construction cost of tin materials that the defendant requested the execution of the above tin materials, the defendant did not have the intent or ability to pay the said price even if he received the above tin materials.
The Defendant: (a) by deceiving the victim as above; (b) supplied 367 tin 11,032,360 won in total from the same date to the next day from the same date to the same date by receiving 367 mar 32,50 won in the above place from the 1M2 (Hbe).
Accordingly, the defendant was given property by deceiving the victim.
"2015 Highest 6083" is the actual operator of the H, who entered into a contract with the victim F, the main owner of the building in C, with the construction of the building.
On June 12, 2013, the Defendant stated that “CB/D New Construction (State)”, “C”, and “C” and “C” in the amount column in the order order of construction in the office of new construction in the Seo-gu Incheon Special Metropolitan City, Seo-gu Office of 410 on June 12, 2013, in the construction column, “The above amount shall be paid by the on-site director and the owner of the building at the site on July 15, 13, 13, with the payment of the Aart construction cost approved on July 15, 193.
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