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A person shall be punished by imprisonment with prison labor for not less than eight months and by imprisonment for not more than eight months for a crime set forth in the judgment of the defendant.
(b).
Reasons
Punishment of the crime
[criminal records] On January 26, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of six months for fraud in the residents support of the Daegu District Court. The above judgment became final and conclusive on February 3, 2016.
[Criminal facts]
1. On October 2015, the defrauded against the Victim C obtained permission for solar power generation business of 3,00KW from the victim to the victim in the office of the E office of the Defendant’s management company, which is located in Gyeong-si, Goyeong-si.
It is possible to construct a power plant with only the purchase of land, so it is possible to lend KRW 100 million to the cost of construction to May 15, 2016, and order the part of the electrical construction of the power plant.
“.....”
However, in fact, the Defendant had borne approximately KRW 200 million of the company’s liabilities at the time, the operating fund was insufficient, and it is urgent to use at least KRW 60 million out of the money received from the injured party as payment of construction cost and company operation expenses, etc., and thus, there was a lack of funds to obtain permission for development activities as well as purchase of the above land. Therefore, there was no intention or ability to purchase land and to carry out solar power plant construction works.
Defendant shall receive from the victim of the aforementioned false statement the total sum of KRW 90 million from November 13, 2015 to the Saemaul Treasury account in the name of the Defendant, and KRW 100 million from November 16, 2015 and KRW 100 million from November 16, 2015.
2. On March 24, 2016, the Defendant against the victim G obtained the victim’s business right of 15MW with respect to the solar power plant business on the 12ths, including, but not limited to, the 100 million Won, from the I Office for the victim’s operation, which was located in the Gangnam-si H, Gangwon-si. In concluding an acquisition contract for KRW 500 million, the Defendant would complete the permission for solar power generation business, the permission for development activities, and the lease contract for the project site and take over it.
"," and the contract for acquisition of business rights was concluded.
However, in fact, the Defendant was in the same situation as the entry in paragraph 1, so solar energy as above.