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The crimes of imprisonment with prison labor for each of the crimes listed in the judgment of the Highest 2211 and the Highest 1672 are committed against the defendant.
Reasons
Punishment of the crime
[A] On February 1, 2008, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Southern District Court on February 4, 2008, and the above judgment became final and conclusive on February 4, 2008, and on May 30, 2008, the parole period was expired on May 28, 2008 during the execution of the above sentence.
【Criminal Facts】
"2012 Highest 2211"
1. The Defendant is a person who operated C Co., Ltd. established for the purpose of engineering work, etc. (hereinafter “C”) and D Co., Ltd. at the time of 2009 to 2010.
2. On November 11, 2009, the Defendant committed the crime of fraud against the victim E, at the C office located in Songpa-gu Seoul Metropolitan Government F 302, the victim E, saying, “In this case, the victim E decided to perform civil engineering works equivalent to KRW 20 billion in the construction cost during the land readjustment and rearrangement project of the Mineyang G District. When lending money, the above civil engineering works will be subcontracted and borrowed within two months.”
However, in fact, under the circumstances where the said union and the said H did not conclude a contract for the said public works itself, the Defendant could not receive a contract for the said public works itself from the said victim, even if he borrowed money from the said victim, even if he did not have the intent or ability to give a subcontract for the said public works, there was no intention or ability to pay the said public works, and there was no specific property or income, and there was no intention or ability to pay it.
Accordingly, on November 11, 2009, the Defendant, by deceiving the victim as above, received 75 million won from the Defendant’s agricultural bank account in the name of the Defendant, and acquired 100 million won from the Busan bank account in the name of the Defendant on December 18, 2009, respectively.
3. On May 9, 2010, the Defendant committed the fraud against the victim I at the mutual aesthetic office located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, and the victim I.