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1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. The Defendant shall pay 80,000,000 won to the applicant for compensation by deceit.
Reasons
Punishment of the crime
[2012 Highest 2013]
1. On April 12, 2010, the Defendant, at the F Distribution Office located in Yeonsu-gu Incheon Etel 501, made a false statement to the victim G, “The Defendant followed the right to operate a brin restaurant at the construction site of the Imar apartment site in the Pakistan-si, Pakistan-si, Gyeonggi-do, which is constructed at H., and later, would have the remainder of KRW 70 million paid when entering the brin restaurant, thereby allowing the Defendant to operate the brin restaurant at the H construction site, first of all, 50 million won as the contract deposit.”
However, the defendant did not have any intention or ability to allow the victim to operate the brine, because he did not receive the right to operate the brine from the H Construction side.
On April 12, 2010, the Defendant, by deceiving the victim as such, received 50 million won from the victim to the Agricultural Cooperative Account of F Distribution in the name of the compensation for the right to operate the restaurant.
2. On October 12, 2010, the Defendant made a false statement to the victim G that “I construction site is late at the beginning of the construction site. It will start from the Busan Shipping Daegu M&T construction site being constructed at L Construction site.”
However, the defendant did not have any intention or ability to allow the victim to operate the brine restaurant because he did not receive the right to operate the brine restaurant from the Lconstruction side.
Around October 12, 2010, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the Agricultural Cooperative Account of Kud on or around October 15, 2010, and acquired KRW 20 million in total from the same account on or around October 15, 2010, as well as KRW 20 million from the same account on or around November 2, 2010.
3. On April 3, 2011, the Defendant is located in N (Gu KP) office located in Busan Shipping Daegu Jtel 735, and the victim G is located within the area of the PP site development in Yangsan-si, Busan, which is performed in O construction.