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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On August 2010, the Defendant made a false statement to the victim D that “The Defendant would bring 25 million won to the victim D by faceing 25 million won as the prepayment money in advance, in the F Office operated by the suspect E in the middle of Jinju-si, the Defendant would bring the victim D with the scrap metal at the construction site for the expansion of the 88 Highway G Road Section.”
However, the Defendant did not have any right to remove scrap iron at the construction site of the road expansion.
The Defendant, as above, made a false statement to the victim and received KRW 25 million from the victim to the Agricultural Cooperative Account in the name of H on August 16, 2010.
2. Fraud against victim I;
A. On March 2011, the Defendant made a false statement to the victim I at the said F Office that “The Defendant would supply a scrap metal projected at the construction site of the Southern Sea Highway between K, which is performed by the J Company, on the face of a week for the supply of scrap iron.”
However, even if the defendant received money from the victim for the purpose of supply of scrap metal, he did not have the intent or ability to supply the victim with scrap metal coming from the above construction site.
As such, the Defendant received a false statement from the victim and received KRW 70 million from the victim to the passbook in the name of H on April 5, 201, under the pretext of supply of scrap metal.
B. On April 21, 2011, the Defendant stated that “Around April 21, 2011, the Defendant, at the above F Office, the victim’s “Around the construction site for the expansion of the 88 Highway constructed by the M company, and the Dong to be replaced in the replacement of the N-Power Power Power Station at the construction site for the expansion of the 88 Highway, are a few hundred million won, and the 140 million won difference in the advance to supply the Dong
However, in fact, the Defendant did not have any right to remove scrap iron at the construction site of the road expansion project and the Nrhetorg power plant replacement work site.
The defendant makes a false statement to the victim and belongs to it.