사기등
1. The crime provided for in paragraph (2) of this Article is committed against Defendant A by imprisonment with prison labor for one and half years and for a crime provided for in paragraphs (1), (3) and (4).
Punishment of the crime
【Defendant A’s criminal records】 On July 12, 2007, the Busan District Court sentenced two years to a suspended sentence of ten months for fraud, and the judgment became final and conclusive on September 19, 2007. On July 8, 2008, the same court was sentenced two years to a suspended sentence of eight months for fraud, and the judgment became final and conclusive on July 16, 2008.
【2010 Highest 4985】
1. On May 2008, the Defendant purchased the site by investing 10 billion won in the land to the victim L, either directly or through K, at the office of K located in the nineth floor of the building in Suwon-gu, Busan, Suwon-gu, by investing 10 billion won in N in the Gyeongyang-si N in the Gyeongyang-si, the Defendant purchased the site. The construction of the O apartment to be newly built in the site was to be in charge of the 1-Gun Construction Business in Seoul, and it had already been entered into with the State with the contractor as the contractor.
In addition, “The primary civil works will begin during the construction of new O apartment units on June 2008, and the current operating expenses of the company will be changed to KRW 50,000,000 as its operating expenses. If so, the part of the basic civil works equivalent to KRW 10,000 out of the O apartment construction will be subcontracted.”
However, the defendant had no intention or ability to subcontract to the victim of the basic civil engineering work among the construction of apartment buildings.
On June 1, 2008, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim on June 1, 2008, at the R hotel coffee shop located in Suwon-gu Q, Busan on June 11, 2008; ① on June 11, 2008, as of the date of issuance, 1 copy of promissory note causing KRW 30 million at the issuer’s (stock) director, T, and 30 million at face value; ② one copy of per unit value (payment date September 26, 2008) at the same issuer’s name, at a cash discount of KRW 15 million at face value (payment date). ③ On July 16, 2008, the Defendant received KRW 5 million from the Agricultural Cooperative account in the name of the victim to the Defendant’s bank account in the name of the Defendant.
Accordingly, the defendant deceivings the victim.