Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2017 Highest 681]
1. On September 2, 201, the Defendant would produce and install 33 advertising boards for bank CDs in KRW 3,000,000, and 30 banners in KRW 400,000 to the victim’s office in the E-private teaching institute office operated by the victim D with the six floors of Daejeon Daejeon building on September 2, 201.
The phrase “ makes a false statement.”
However, the facts did not have the intention or ability to produce and install leaflets and banners.
The Defendant received 3,400,000 won from the injured party, namely, for the production and installation expenses of a leaflet and banner from the front seat, and received the total amount of KRW 55,112,000 from around the above day to January 6, 2012 in the form of advertisement production expenses as shown in attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 13, 2012, the Defendant: (a) around February 13, 2012, within the office of the said E-private teaching institute, produced G’s election advertising advertisements that are candidates for election of National Assembly members in the F constituency; (b) borrowed KRW 3,000,000 out of the advertising production cost of KRW 30,000,000,000 from G election office to repay the advertising cost by receiving the intermediate settlement of the advertising cost from G election office
The phrase “ makes a false statement.”
However, the fact does not have any intention or ability to complete payment even if he/she borrows the money from the damaged party because he/she did not have any contract to receive the advertisement of G election.
The Defendant received 3,00,000 won from the injured party, namely, the money borrowed from H to H’s account as loan, and received the total amount of KRW 26,980,000 from around the day to June 22, 2012, including the money borrowed from H to June 2, 2012.
Accordingly, the defendant was given property by deceiving the victim.
[2017 Highest 1153]
1. The Defendant, around November 9, 2012, at the office of “K” operated by the Victim J, located in the territory of the Cheongju-si of Chungcheongbuk-si, and at the office of “K” operated by the victim J, including the Nonghyup Bank, a new bank, a viewing and viewing company, and the Cheongju-ju.