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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, fraud is caused by defraudation of loans to C and D.
Reasons
Punishment of the crime
2017 Maz. 106
1. On September 17, 2013, the Defendant would supply the victim C with a supply of the mold of the F new construction work of the Gwangju Mine-gu, Gwangju, by providing the victim C with “15 million won.”
G It is intended to conclude a direct contract with the head of the G company site.
“Along with the fact that it seems that the victim would be able to receive construction work,” it appears that the victim was able to receive construction work.
However, the Defendant was not able to receive punishment construction from the victim because he did not have the authority to do so.
On September 25, 2013, the Defendant received KRW 10 million from the damaged party to the Agricultural Cooperative Account in the name of H, the Defendant’s son around September 25, 2013.
Accordingly, the defendant was given a delivery of KRW 10 million by deceiving the victim.
2017 Maz. 125
2. On November 2015, the Defendant against the victim I would pay the victim I for the new construction of the loan at the JJ of Gwangju Mine-gu, and if you would pay the cost of the construction if you would have caused the d's d't construction.
“.........”
However, in fact, the Defendant entered into a contract for the construction of the above loan with K and the construction cost of KRW 100 million, however, in light of the construction progress at the time, it was anticipated that the above KRW 100 million was insufficient to complete the construction of the loan, and thus, even if the Defendant received the construction cost from K, it was thought that it would be used as the accrued construction cost and living cost, and there was no particular property or income. Therefore, even if the damaged party completes the construction of the dart, it did not have any intent or ability to pay the said cost.
As above, the Defendant: (a) by deceiving the victim; (b) concluded a subcontract agreement with the victim of the 9.130,000 won of the construction price; and (c) paid the victim KRW 3 million as the down payment to the victim on November 30, 2015; and (d) completed the said construction by the victim until the end of December 2015.