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Defendant
A shall be punished by imprisonment for four months, and by imprisonment for six months, respectively.
However, as regards Defendant AY, this shall apply.
Reasons
Punishment of the crime
【Defendant A sentenced ten months to imprisonment for fraud, etc. at the Gwangju District Court on January 13, 2012, and completed the execution of the sentence in the Gwangju Prison on July 9, 2012.
【Criminal Facts of Crimes】 Although the Defendants were performing construction works replacing electricity, etc. in the Z around April 2013, the Defendants did not pay the construction cost, the Defendants did not plan the construction works of the Z street street in the old Gun or Z, and there was no procedure for the Defendants to receive the orders from the old Gun or Z. The Defendants did not have any special revenue, property, or other construction works that were in progress or received, so even if they borrowed money from the victim BC, they did not have any intent or ability to pay the said money.
1. On April 2013, Defendant AY: (a) The Defendant was the actual president of the KAX (the indictment No. 2E, which is operating the electricity business in the GAD) in the Gwangju National Agricultural Cooperative located in the Seoul Special Metropolitan City, Chungcheongnam-dong, Chungcheongnam-gu; and (b) the Defendant is required to receive the Z street lamps ordered by the Gu Gun Office, which is ordered by the Gu Gun Office; (c) the Defendant would receive KRW 200 million of the construction cost from the Gu Gun Office for the payment of the down payment until May 15, 2013; and (d) the written indictment on April 23, 2013.
4. 25. The person appears to be a clerical error;
At the entrance of the Z in the Gu-nam AB, the Defendant introduced BF, as if he was the chief of the Zfth, to the victim, and the BF made the Defendant’s order that “Is the commencement of ice construction and is prepared, but does not begin construction.”
On April 23, 2013, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the corporate bank account under the name of the Defendant on April 23, 2013, and transferred the amount of KRW 10 million temporarily borrowed by A on May 15, 2013 to the victim, the Defendant continues to pay the down payment to the victim.