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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud in the Jung-gu District Court Goyang Branch on December 15, 2017, and was sentenced to a suspended sentence of one year on December 23, 2017, which became final and conclusive on December 23, 2017.
【Criminal Facts】
1. On September 29, 2017, the Defendant: (a) at the “E” office for the victim’s “E” office in the victim’s operation of BA building C on September 15, 2017; (b) “F company G entered into a contract for the construction of a garbage plant with the State of Sri Lanka; and (c) upon completion of the construction by concluding a contract for the installation and manufacture of the pipe part, the Defendant may be punished by KRW 3 billion or KRW 4 billion; and (d) if the Defendant borrowed KRW 30 million to carry out the business by entering into the said contract for the installation and manufacture of the pipe part, he/she would be cleanly liquidated the damage caused by the prosecution (the instant agreement by fraud); and (d) at least three months after the completion of the power plant construction.”
However, in fact, the defendant bears approximately KRW 280,000,000, including the above separate fraud fraud case, and even if borrowed money from the victim, he tried to use a considerable portion of the money for personal debt repayment, etc., and the F Company has already lost 95% of the shares in the construction of the Sri Lankan Waste Power Plant construction business around April 2017, and there is little possibility that it would cause the victim to normally proceed with the pipeline installation and manufacturing business. Therefore, there was no intention or ability to repay it within three months.
Ultimately, on September 29, 2017, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Hbank account in the name of the Defendant, and acquired it by deceiving the victim.
2. On October 26, 2017, the Defendant, at the “E” office for the victim’s operation as stated in paragraph (1) of Article 2017, stated that “The Defendant is bound to lend KRW 20 million to the victim if he/she lends or lends it to the victim, and if so, he/she cannot proceed with the day he/she has promoted until the end of February 2018.”
However, facts, the defendant.