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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
around August 19, 2008, the Defendant prepared a subcontract with D and D which ordered the said construction in relation to the C building demolition work in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and prepared a contract to secure investors. Since the removal work is not final and conclusive, the Defendant did not have any intent or ability to supply scrap metal to others even if he receives money under the pretext of supplying scrap metal generated in the process of the removal work.
Nevertheless, on September 24, 2008, the Defendant received the money from the victim G, a representative director, to transfer KRW 20 million to the national bank account (H) in the name of the Defendant on the same day from October 10, 2008 and acquired the money from the victim G, who believed the end to the effect that “The Defendant would supply the scrap metal coming from the removal of the C building located in Heung-gu, Young-gu from October 10, 2008 to the Korean bank account (H) in the name of the Defendant.”
At around 19:20 on March 7, 2013, the Defendant driven an ICop truck without obtaining a driver's license on a section of about 2 km from the road located in the inner section of the Dok-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front road of the Dok-gun in the same area.
On April 1, 2011, the Defendant “2013 Highest 570” stated that “In spite of the absence of intent and capacity to introduce a construction business operator to enable the victimJ to perform the steel-refit construction work, the Defendant entered into a contract with the victim for the construction of the 3.8 billion mold to conclude a contract. In lieu of the introduction of this, the Defendant would grant the introduction fee to the person who entered into the contract and enter into an internal contract.” The Defendant stated that “The introduction, painting, and official seal are different.”
Accordingly, the Defendant received a total of KRW 11,90,00 from the victim for the purpose of introduction fees, etc. as shown in the attached Table 1.
(i) the evidence;