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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal record] The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud on August 22, 2014 in the Gwangju District Court’s net support, and the said judgment became final and conclusive on August 30, 2014, and is currently under suspended sentence.
[2] The Defendant filed a petition for personal rehabilitation with approximately KRW 150,000,000,000 for bankruptcy, and filed a petition for personal rehabilitation on October 2012, but failed to pay the said amount due to the absence of money. Although the Defendant was a director at various construction sites, etc., the Defendant did not have any intent or ability to pay the said amount even if he borrowed money from the victims who came to know at the site of the construction site due to the lack of revenue.
1. Fraud against the victim D (13 million won) on September 28, 2012, the Defendant received the direction of the Defendant at the G construction site located in the Nam-gun, Nam-gun, Seoul, and provided the victim with equipment, such as Mak-gun, “If the Corporation loaned KRW 1 million to the victim because it does not have any money at the time of confiscing, it would be repaid as the Mak-gun would have come to the end of the construction.” On November 23, 2012, the Defendant received KRW 1 million from the victim as the borrowed money from the victim. On the same construction site, the Defendant received KRW 3 million from the victim on September 23, 2012, stating that “The victim would have to go to the construction site, and if 3 million won is lent, it would have to pay the Man-gun as the borrowed money would have been repaid.” The Defendant received KRW 3 million from the victim under the pretext of borrowing money from the victim.
On January 16, 2013, the Defendant: (a) made a false statement to the victim at the construction site stating that “I would have to receive money from H construction; (b) I would have paid KRW 2 million as a loan from the victim; and (c) on March 13, 2013, the Defendant received KRW 700,000 from the victim of the said construction site to the same effect as the victim’s loan; and (d) received KRW 7 million from the victim under the pretext of the loan from the victim.
2. Fraud against the victim E (30 million won) is the case on November 29, 2012.