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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
[2013 Highest 3527] In March 2010, the Defendant stated that “The victim E in Gangnam-gu Seoul Metropolitan Government D will have a close-friendly relationship with the executives and employees of the Housing Corporation while serving in the Housing Corporation and retired from office in the Housing Corporation. Therefore, the Defendant may connect a large range of distance in relation to the construction works to the victim.”
However, since the Defendant was retired while working for about one year in the Housing Corporation around 1974 and did not have any influence on the Housing Corporation, the Defendant did not have any intent or ability to receive a subcontract for aggregate transport work among the residential environment improvement projects in Seongbuk-si, Sungnam-si.
Around March 15, 2010, the Defendant received KRW 25 million from the foreign exchange bank account (Account Number G) with the Defendant’s name on or around March 15, 2010, and received cash KRW 20 million from the victim’s office around March 2010, and was remitted KRW 5 million to the said foreign exchange bank account under the Defendant’s name on or around April 8, 2010.
Accordingly, the defendant was given property by deceiving the victim.
[2013Kadan5958] Around March 21, 2012, the Defendant displayed a sales contract for the scrap metal made between K and the Defendant at the (ju) J office operated by the victim I in Ha in Ha in Masung-si, the Defendant ordered the victim to perform the removal work at the redevelopment site in Mayang-cheon Village. The Defendant entered into a sales contract for the scrap metal with K, and the Defendant made a false statement to the effect that the Defendant would request the priority payment to reduce all scrap metal generated at the site of removal at the redevelopment site in Macheon-cheon Village in Macheon-cheon, Seoul-do.
However, the facts are determined by K as the removal construction company at the above redevelopment site.