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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On November 8, 2017, the Defendant was sentenced to ten months of imprisonment for fraud in the early branch of the Chuncheon District Court, and completed the execution of the sentence in the Gangnam Prison on September 15, 2018.
【Criminal Facts】
1. On February 9, 2019, the Defendant defraudeded the construction cost, at C convenience stores located in Kangyangyang-gun, Gangnamyang-gun, 2019, the victim D referred to the purport that “in Korea, is the representative director E, is operating the construction company with a comprehensive construction license, and served as the site manager at the F company. It stated to the effect that the Defendant would complete the construction cost of KRW 40 million with respect to the G new construction works in Gangwon-gun, Yangyang-gun.”
However, the defendant did not have a comprehensive construction license, and E did not have business registered, and even if he received construction payment from the victim, he did not proceed with the construction, or did not intend to use the remaining construction cost for personal purposes, such as entertainment expenses and living expenses, and did not intend or have ability to normally perform the construction work.
As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the post office account (I) in the name of H as the contract price, KRW 7 million on February 9, 2019, KRW 7 million on February 25, 2019, KRW 10 million on March 20, 2019, KRW 6 million on March 27, 2019, KRW 1.5 million on May 6, 2019, KRW 1.5 million on the Defendant’s name, KRW 297 million on May 16, 2019, and acquired KRW 100,000 from the victim as stated in the attached Table (K) from November 1, 2019 to the victim’s account in the name of H (K).
2. Around April 1, 2019, the Defendant defraudation of labor provision stated to the victim L to the effect that “If scars do work using the equipment at the site of the new construction of the Goyangyang-gun G Housing Corporation, the price will be paid immediately after the completion of the construction work.”
However, the defendant will pay the construction cost from the owner.