[criminal power] On May 28, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Daegu District Court on October 28, 2010, and the said judgment became final and conclusive on August 26, 2010. On February 23, 2012, the Daegu High Court sentenced one year and six months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on March 3, 2012.

【Criminal Facts】

The Defendant is a person entrusted with the authority to select a subcontractor by the Jincheon Industrial Cooperative Co., Ltd., which is the ordering authority of the Jincheon Innovation City Site Development Corporation, in connection with the construction of the Jincheon Innovation City Site Development Project, which is created in the Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

On July 16, 2009, the Defendant made a false statement to the victim D that “The Defendant would return down payment at the time of delay for not less than two months from the date of the contract,” stating that “The Defendant would have the right to collect all scrap iron and non-refuss at the site of removal of the 3, 4, 5 construction sections located in the Seocheon-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the 100 million won.”

However, in relation to the construction of the building site for the Jincheon Innovation City, not only was Jincheon Industrial Cooperative Co., Ltd., but also another ordering office of Jincheon Innovation Co., Ltd. existed, and two unions did not select the early removal company since they were in dispute. The defendant was only entrusted with the authority to select the removal company and did not have been authorized to dispose of the scrap iron and the non-refinite which occurred in the process of the removal, so it was unclear whether it can be allowed to collect the scrap iron and the non-refinite which occurred in the process of the removal. While the defendant has a financial institution loan of 10 million won, the defendant did not have the intent or ability to return the down payment to the victim even if other assets were delayed for more than two months from the contract

The defendant deceivings the victim and is under his control.