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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On October 17, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Daegu District Court on three years, and the judgment became final and conclusive on October 25, 2014. On August 21, 2015, the Daegu District Court sentenced a one-year suspended sentence to six months of imprisonment for a crime of fraud at the Daegu District Court on August 29, 2015, and the judgment became final and conclusive on August 29, 2015.
[2] On September 22, 2009, the Defendant made a false statement to the victim D’s agent E, stating, “The removal of the former H-factory site in the G in Young-gu, Young-gu, G from the Korean company F would be awarded a contract for the removal of the former H-factory site, which is in progress in the company F, Pumera Housing Development, as it would give a subcontract for KRW 10 million,00,000 as entertainment expenses.”
However, on May 2009, the Defendant had no intention or ability to give a subcontract for the removal of the above factory site to the I, 10 million won to the J around August 2009, and 50 million won to the J around August 2009, respectively. Even if the Defendant borrowed money from the damaged party due to the lack of the status or capacity to give a contract for the removal of the above factory site, the Defendant did not have any intent or capacity to give a subcontract for the removal of the above factory site.
The defendant deceivings the victim as above, and was transferred from the victim, that is, the victim, to the third party, KRW 10 million as a guard.
In addition, the Defendant acquired property benefits equivalent to KRW 182,039,278 in total on 26 occasions, such as the list of offenses, from that to November 26, 2010.
Summary of Evidence
1. Statements made by witnesses E and D in the five-time public trial records;
1. Part concerning the statement of E and D in each police suspect interrogation protocol (No. 17, 50, a net time) against the defendant
1. Statement made by the police with respect to E, D, K, and L;
1. Copies of police statements made to J or M;
1. Details of transactions, non-prosecution decision, cash custody certificate, copy of check, etc., copy of the business agreement, and cash receipt and disbursement book;