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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
【2014 Highest 3735】 The Defendant is a person who operated the construction event of (main) C in the third floor of Seocho-gu Seoul Metropolitan Government B building.
Around October 5, 2007, the Defendant made a false statement to the effect that, with respect to the construction of Fweal wal wal wal wal wal wal wal wal wals, the victim (owner) D representative E is allowed to sell at the foreign exchange bank after the completion of the approval of 700 to 80 billion won from the foreign exchange bank. The sale by proxy and removal contract of the above construction are changed.”
However, the defendant did not have the intent or ability to reduce the sale agency and removal work to the victim even if he received deposit money from the victim while he waived the construction work on July 25, 2007.
Nevertheless, the defendant deceivings the victim as above, and is subject to such deception, 35 million won on the same day as the deposit money for sales agency by the victim, and the same month.
8. It received a total of KRW 220 million, including a delivery of KRW 15 million, KRW 50 million on the 15th day of the same month, and KRW 20 million on the 31st day of the same month as the performance guarantee for the removal works, and received KRW 20 million on the 31st day of the same month.
[2014 Highest 5453] On November 22, 2007, the Defendant made a false statement to the effect that “If he/she lends KRW 200 million necessary for obtaining the consent of the residents of other canal wells in Gangnam-gu, Seoul, as a performance bond, he/she will return KRW 200 million to the victim H through G at the (ju), Youngnam Construction Office in Gangnam-gu, Seoul, Seoul, and if he/she borrowed KRW 200 million as a performance bond, he/she will return the KRW 200 million from the beginning of the construction to February 2008, and have the F canal wells removal work.”
However, in fact, the defendant has not entered into an implementation contract for the other canal wells construction, and has already entered into a removal contract for the other canal wells with others, and even if the victim receives KRW 200 million from the other canal wells without the consent of the other canal wells.