A defendant shall be punished by imprisonment for five years.

Punishment of the crime

피고인은 평소 지인인 피해자 C에게 자신이 마치 현대 그룹에 영향력을 행사할 수 있는 위치에 있는 것처럼 행세하던 중, 2013. 5. 27. 경 부산 사상구 D에 있는 E 호텔 커피숍에서 피해자에게 “ 현대건설에서 수주한 쿠웨이트 갠트리 크레인 12대를 제작 및 설치하는 약 120억 원 상당의 공사 일체를 당신이 운영하는 회사에서 하도급 받을 수 있게 해 줄 테니 공사를 수주하기 위해 필요한 경비 명목의 돈을 달라.” 는 취지로 거짓말을 하였다.

However, the defendant did not have any relation with the modern group, so even if he received money from the injured party, he did not have the intent or ability to allow the injured party to undertake the construction work.

The Defendant received from the injured party a total of KRW 150,000,000 from the injured party in one’s own check (in the face value of KRW 10,000,000, KRW 15,000) in front of the same day as the expenses for obtaining orders for the same day, and thereafter received from the injured party a total of KRW 40,53,000,000 from December 16, 2015 as indicated in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C (1, 2 times);

1. The details of text messages, cash storage certificates, copies of checks in his/her front and a statement of purchase, specifications of purchase, estimates, etc.;

1. Transfer statement - Application of Acts and subordinate statutes to check and account transfer, and deposit without passbook;

1. The reason for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (three to six years) of the three types of public frauds (at least five hundred million won, but less than five billion won).