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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud to victims E;
A. On November 21, 2011, the Defendant stated that “Around November 21, 2011, the Defendant would make the victim E, the vice president of H, Co., Ltd., Ltd., the vice president of the G office located in the 11st floor of the Gangnam-gu Seoul Metropolitan Government F building, changed the introduction fee so that H would be awarded a subcontract for the creative and glass construction of the I organization’s house construction work in Songpa-gu Seoul, which was ordered by the I organization.”
However, in fact, the Defendant entered into an agreement with the I organization and worked as the head of the I organization, but the said I organization was merely an organization in charge of trade brokerage business. On November 16, 201, the agreement between the Defendant and the I organization was terminated and the Defendant did not have any relationship with the I organization. Therefore, the Defendant did not have any intent or ability to allow H to receive subcontracting and glass construction.
Nevertheless, as seen above, the Defendant, by deceiving the victim, issued three copies of a cashier’s check, namely, KRW 10 million from the victim’s seat. On November 26, 201, the Defendant transferred KRW 3 million to a single bank account (Account L) in the name of K around November 26, 201.
B. On December 23, 2011, the Defendant made a false statement to the above victim, stating, “The introduction cost would be changed to enable H to obtain a subcontract for the creative and glass construction of Seongdong-gu Seoul Metropolitan Government New Construction Work ordered by the I organization, Seongdong-gu Seoul.”
However, as above, the Defendant did not have the intent or ability to allow the subcontracting and glass construction to the H Co., Ltd.
Nevertheless, as above, the Defendant, by deceiving the victim as above, was issued a cashier’s checks of KRW 50 million from the victim.
2. Fraud against the N of a victim;
A. On March 2012, 2012, the Defendant called the Victim N in Q office, a corporation located in Pocheon-si P, Qu, Inc., through Haman, to get subcontracted for the construction and steel of Seongdong-gu Seoul, Seoul, which was ordered by the I organization.