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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From February 2, 2008, the Defendant, from around February 2, 2008, served as a management director of the electricity and telecommunications construction business chain (ju)D operated by the victim C, was willing to obtain money by deceiving the victim by using the fact that he is working as the site director of the G national highway expansion site executed by the suspect E, the suspect’s relative E, as the site director of the G national highway expansion site.
1. At around 14:00 on March 2, 2008, the Defendant made a false statement to the effect that “E is the site director of the construction site of the G national road expansion project performed by F, so that D would be entitled to receive an order for the above national road tunnel electrical construction in the national road tunnel performed by F. If so, E would deliver the funds of KRW 10 million to the head of E office to the head of E office if he would deliver the funds of KRW 10 million to the head of E office.”
However, even if the Defendant received money from the victim, he did not intend to deliver the money to E because he had been willing to use the money at his own discretion.
As above, the defendant deceivings the victim, and is also against the victim.
3.On October 10, 200,000 won (10,000 won) was remitted to the Agricultural Cooperative Account in the name of the Defendant’s wife.
2. On March 15, 2008, the criminal suspect received money from the victim at Lcafeteria located in Kimcheon-si, Kimcheon-si, Kim Jong-si, but did not intend to deliver it to E even if he/she did not have any intent to deliver it to E, the defendant's false statement to the effect that "the amount of electrical construction in the tunnel is large, so he/she will deliver money to E. It will give KRW 20 million to him/her." Accordingly, the criminal suspect was transferred from the victim to the agricultural bank account in the above J's name on the 31st day of the same month.
Accordingly, the Defendant, by deceiving the victim, received a total of KRW 30,000,000 from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and E;
1. Part of the prosecutor's protocol of interrogation of the accused.