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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is the representative of the “E” corporation for the purpose of real estate development business, etc. located in the D Building 404 at the time of strike.
1. On December 11, 2012, the Defendant against the victim F was scheduled to perform the removal of the building on the land and the building on the land and the building on three lots (hereinafter “instant building”) in the architectural designer office where the trade name in G cannot be known at the time of the strike. At the end of three months, the Defendant planned the removal of the building on the land and the building on three lots (hereinafter “instant building”). At the end of three months, the removal of the instant building will begin within four months, on the ground of the completion of the life-sustaining lawsuit. On the course of the removal of the building, the removal of the building will begin within 180 tons. On the process of the removal of the building, the removal of the building will take place at least 180 tons, and the removal of the building would give the order for the removal and all rights to the scrap.”
However, the Defendant did not have prepared for the removal of the instant building, and did not have acquired ownership of the instant building or filed an action for surrendering, and there was no fact that the owner of the instant building was delegated the authority to place an order for the removal of the instant building. Therefore, the Defendant did not have any capacity to place an order for the removal of the instant building, and no right was acquired with respect to the removal of the scrap metal, and even if he received the value of the scrap metal from the victim, the Defendant did not have any intent and ability to have the right to remove scrap metal
The Defendant, by deceiving the victim as above, received KRW 10 million from the victim, around December 11, 2012, a cashier’s checks from the victim, and around March 29, 2013, KRW 9 million from the account under the Defendant’s name; and
4.4.Around April, 200, five million won was transferred to the same account, and around October 28, 2000 won was issued by cashier's checks.
As a result, the defendant received a total of KRW 34 million on four occasions for the removal order and the removal of scrap metal, and acquired it by fraud.
2. Fraud to the victim I.