beta
Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, who has no certain occupation and has been operating the removal company from around 2006, was in a situation where around September 2014, 2014, such as the obligation to close down around KRW 100,00,00, because there were many competitors since 2012, making it difficult for the Defendant to repay due to the deterioration of management.
1. On August 22, 2014, the Defendant was a member of the Gyeonggi-si, Gyeonggi-do.
B. In the 8th floor C, the victim D(37 years of age) made a false statement to the effect that “I will receive money from the ordering person when the work is completed. I will receive money from the ordering person.”
However, the Defendant did not have the intention or ability to pay the construction cost immediately even if the construction work is completed due to the lack of economic circumstances.
Accordingly, the Defendant: (a) by deceiving the victim as such; (b) caused the victim to transport wastes from August 22, 2014 to September 2, 2014; and (c) did not pay the price to the victim; and (d) acquired pecuniary benefits equivalent to KRW 10,750,000 for the payment of the price.
2. On August 24, 2014, the Defendant made a false statement to the victim E (the age of 40) to the effect that “on the part of the Defendant directly ordered C construction. If equipment is leased, the Defendant would receive money from the ordering person as the completion of construction work.”
However, the Defendant did not have any intent or ability to pay the cost of using equipment immediately even if the work is completed, as economic circumstances are not good.
Accordingly, the Defendant: (a) by deceiving the victim; (b) obtained a lease of Scar, a construction equipment, from August 24, 2014 to September 2, 2014; and (c) obtained a pecuniary benefit equivalent to KRW 5,000,000 from the user due to the failure to pay the rent.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A complaint;
1. Application of the Act and subordinate statutes to investigation reports (F Statements of Witnesses) and detailed statements of deposit transactions.