특정경제범죄가중처벌등에관한법률위반(사기)등
A person shall be punished by imprisonment with prison labor for one year for a crime of 1, 2, 3, 4, or 6 as stated in the judgment of the defendant, and by imprisonment for three months for a crime of 5 as stated in the judgment.
Punishment of the crime
[criminal power] On August 27, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement at the Seoul Central District Court on September 4, 2009, which became final and conclusive on September 4, 2009. On December 23, 2011, the Seoul Northern District Court sentenced three years of suspension of execution to one year and six months of imprisonment with prison labor for a violation of the Passport Act, etc., and became final and conclusive on March 13, 2012.
[2012 Gohap1780]
1. On August 27, 2009, the criminal defendant against the victim C entered into a contract for the construction of the F Co., Ltd. operated by the victim C at the E Co., Ltd. in Seocho-gu Seoul Metropolitan Government Office (hereinafter “E”), and the victim’s husband, G, the husband of the victim, saying, “I and J selected as the contractor and began construction and sale until the end of December 2009, but if the contract deposit amount is KRW 60,000,000,000,000,000,000 won, they will subcontract the project of the above apartment model.”
However, there is no particular income in fact that E, which is operated by the defendant, has to procure approximately KRW 20 million as the monthly salary and operating expenses, and only about KRW 16 billion interest on the debt of KRW 16 billion incurred in relation to the purchase of the above apartment site, has also been over KRW 60 million every month, and the tax in arrears has also exceeded KRW 30 million.
In addition, as the model voucher corporation takes charge of the pilot corporation, there was no intention or ability to subcontract the model voucher construction even if the victim receives the contract deposit.
Nevertheless, the Defendant received from the victim each transfer of KRW 30 million on August 27, 2009, KRW 10 million on September 3, 2009, KRW 18 million on September 18, 2009, and KRW 18 million on September 18, 2009, respectively, to the national bank account in the name of K Co., Ltd. in the name of K Co., Ltd. operated by himself/herself; KRW 8 million on August 27, 2009; KRW 1 million on September 3, 2009; and KRW 1 million on September 18, 2009; and acquired KRW 60 million on September 18, 2009.
2. The case of the victim M.