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Defendant
A shall be punished by imprisonment for three years.
Defendant
B is not guilty.
Reasons
On September 4, 2008, the defendant was sentenced to two years and four months of imprisonment for fraud at the Changwon District Court on September 10, 2008, and the execution of the sentence was terminated on September 10, 2008. On June 23, 2015, the Changwon District Court was sentenced to eight months of imprisonment for fraud and decided on May 12, 2016.
"2015 Highest 485"
1. On October 13, 2009, the Defendant, along with D, was transferred from the victim F to the Agricultural Cooperative account in the name of D on the pretext of borrowing KRW 50 million from the victim F to the Seoul Geumcheon-gu office for E-gu Seoul Metropolitan Government. The Defendant loaned KRW 50 million to the victim F for the construction of a new rice production plant in this state. The Defendant was transferred from the victim to the Agricultural Cooperative account in the name of D on October 15, 2009.
However, the defendant and H were not in a situation that can subcontract part of the above construction work to the victim because they had not been awarded a contract for the new construction work of G (State) and there was no intention or ability to repay the above construction work with no certain income or property.
Nevertheless, as seen above, the Defendant conspired with D and received false statements from the victim, and transferred 50 million won in total from the victim.
"2016 Highest 3636"
2. The Defendant, at around January 2010, promoted three new hotel construction works, including, but not limited to, inter alia, the influent coffee store located in Busan, the victim J, the representative director of the I Co., Ltd. (hereinafter referred to as the “Co., Ltd.”).
The Amyang hotel Corporation made a false statement that it would receive all the construction works, and that it would pay money in the early time to lend money under the name of expenses for giving a contract for civil construction works and Kimpo apartment construction works.
However, the fact that there is no funds for the operation of the company from the beginning, so it is very inappropriate to implement the above three projects, and even if it borrows money under the name of the owner of the project, it shall be repaid.