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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On April 20, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for alteration of official documents, etc. at the Changwon District Court’s Tong branch on April 20, 2018 and the judgment became final and conclusive on April 28, 2018.
【Criminal Facts】
1. Fraud;
A. On February 17, 2015, the Defendant, at the D office operated by the victim C on February 16, 2015, presented a standard subcontract agreement for construction works in the name of G and F to the victim via E, the Defendant’s mother, through the victim’s mother, “F, a corporation run in the Republic of Korea, was awarded a subcontract for reinforced concrete construction works from G. When only initial funds, such as material costs, etc., are provided.”
However, in fact, the standard subcontract form of the above construction work was forged, and the F, a stock company, was unable to pay wages to its employees due to lack of financial resources, and the defendant did not have the intent and ability to pay the wages even if he borrowed money from the victim.
Ultimately, on February 17, 2015, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the H bank account (Account Number: I) in the name of the Defendant, and acquired it by fraud.
B. On March 20, 2015, the Defendant concluded on March 20, 2015, that “The Defendant, at the office of F Co., Ltd., a Co., Ltd., which he/she operates in the J on March 20, 2015, phone calls to the said victim, and “it is anticipated that the said victim will be subject to construction works of KF. It is necessary to pay KRW 150 million with the initial cost of construction works.” The Defendant made a false statement that he/she would pay the payment for the completed portion at the beginning of May.
However, in fact, the defendant did not have been tendered for the construction work of the KF, and the F, at the time, did not have sufficient means to pay wages to workers, and even if the defendant borrowed money from the victim, the defendant did not have the intent and ability to pay such money.
Ultimately, the Defendant.