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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal records] On December 8, 2016, the Defendant was sentenced to a suspended sentence of two years on October 10 and the judgment became final and conclusive on June 20, 2017.
[Criminal facts]
1. On April 24, 2015, the Defendant: (a) at the victim C office located in Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government (Seoul Metropolitan Government Office), the representative director of the victim company D, the representative director of the victim company “in Korea, the auditor of the E Co., Ltd. and the F Hospital Construction
If an investment of KRW 20 million is made to B, it shall be possible to receive a contract for telecommunications and fire-fighting works and installation works.
The phrase “ makes a false statement.”
However, the defendant was not an employee such as the auditor of the E company, and there was no intention or ability to allow the E company to take part of the construction works implemented by the E company.
As such, the Defendant, by deceiving the representative director D of the victim company, obtained a copy of 20 million won check ( check number: G) from the victim, who is in the position of the victim, for the purpose of making an investment from the victim.
2. On August 28, 2015, in a place where it is impossible to know around August 28, 2015, the Defendant is obliged to make D, the representative director of the victim company, clear.
In addition, a false statement was made to lend KRW 6 million.
However, as described in paragraph 1, the Defendant did not have the intent or ability to allow the victim company to receive part of the construction works implemented by the E company, and there was no intention or ability to repay even if he/she borrowed money from the victim due to no special property or income at the time.
As such, the Defendant, by deceiving the representative director D of the victim company, received 6 million won from the victim under the name of H bank account (Account Number: I) in the name of the Defendant on the same day from the victim.
Summary of Evidence
1. A protocol concerning the police of the accused and the interrogation of the suspect by the prosecution;
1. Statement made by the police against D;
1. A complaint;