A person shall be punished by imprisonment with prison labor for not more than four months, and by imprisonment for not more than ten months with prison labor for the crimes of Nos. 2, 3, and 4 of the judgment.

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to a suspended sentence of two years in January 1, 2013 by imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on February 1, 2013.

1. On November 29, 2012, around 11:00 on November 29, 2012, the Defendant made a false statement to the victim C at the construction site of an apartment building located in the vicinity of the Bgymnasium, stating, “The Defendant may receive an order for construction with friendship with the party concerned in this construction site, and may also receive an order for the apartment construction located in the Navy that is going into operation in D. If the Defendant borrowed KRW 40 million to be used for the cost of water supply, the Defendant may order the construction to pay KRW 60 million more than the fee of KRW 20 million after three months.”

However, in fact, the defendant did not have the intention or ability to receive orders for the construction of apartment buildings in the Yancheon-dong-si or the construction of apartment buildings in the Yannam-gun, and even if he borrowed money from the victim, he did not have any intention or ability

In the indictment around November 30, 2012, the Defendant, by deceiving the victim, did not specify the date on which the Defendant received KRW 40 million from the victim.

It is recognized as criminal facts by adding the date on which the victim remitted KRW 40 million to the defendant ex officio, referring to the evidence records Nos. 2, 4, and 6 of the 2017 Highest 1797 case.

The person obtained 40 million won and acquired it by fraud.

2. On February 28, 2013, the Defendant made a false statement to the victim C by phoneing the victim at an unspecified place on February 10, 2013, stating, “If entertainment expenses need to be paid to the person related to the construction project and the settlement, 1.5 million won as entertainment expenses need to be paid, it shall be paid in 2,3 days.”

However, even if the victim borrows money from the victim, he/she thought that he/she will use the money for entertainment expenses for the related persons of the public corporation, but he/she did not have any intention or ability to pay the money.

The Defendant is the victim.