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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On April 30, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Central District Court on April 30, 2013, and on May 15, 2013, the Seoul East District Court sentenced to a two-year suspended sentence of imprisonment for the purpose of fraud at the Seoul East District Court on May 15, 2013. The Seoul Central District Court was sentenced to a two-year suspended sentence of imprisonment for the purpose of fraud, and on November 29, 2014, the said judgment became final and conclusive on November 14, 2013.
Criminal facts
On November 17, 2011, the Defendant stated that “The right to collect scrap metal from the site of removal of Seoul Building is currently available at the site of removal of Seoul Building and is expected to be removed on November 30, 201.” The Defendant said that “The right to collect scrap metal from the site of removal of the building is expected to be located at the present and to be removed on November 30, 201.” The Defendant said that “The right to collect scrap metal from the site of removal of the building will be granted if the Defendant first pays 32 million won and pays the remainder of 140
However, in fact, the defendant was not the prime contractor of the C-building demolition project, and there was only oral consultation to enter into a free contract with E, an employee of E, who is the executing company of the C-building demolition project, and thereafter, it was converted into competitive bidding, and the defendant, a small business entity, was rarely likely to receive a successful bid for the removal project, and there was no intention or ability to allow the removal project to receive the down payment from the victim even if he received the down payment from other businesses.
Nevertheless, on November 25, 201, the Defendant received KRW 2 million from the victim to the account of G community credit cooperative in Korea, which was located in his/her branch on November 25, 201, as the expenses for giving orders for removal, and KRW 22 million on December 2, 201, and received money from the Defendant on November 29, 201 as the same name as the Defendant’s account.
Summary of Evidence
1. The defendant's partial statement in the second protocol of trial;
1. Statement made by a witness F in the third protocol of the trial;
1. Statement made by the prosecution with respect to F;
1. Statement of police statement related to D or F;
1.Written statements of F.I.D.