A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 13, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Cheongju District Court Jeju District Court support on May 25, 2015, and completed the execution of the above punishment.

The Defendant operated Co., Ltd. in Pyeongtaek-si B.

On April 7, 2016, the Defendant received orders from the victim D to build school facilities of school juristic persons E, and C was awarded the said new construction work by the Co., Ltd. E.

In order to provide 30 million won, it will re-subcontract electrical construction works among the new construction works.

“.........”

However, at the time of fact, E corporation did not commence the construction work.

The Defendant, on the condition that he would pay KRW 150 million to E, was awarded a subcontract for the construction of civil engineering, steel, electricity, fire fighting, telecommunications, machinery and equipment, and electrical equipment among the aforementioned new construction works among the aforementioned new construction works. However, the Defendant was seeking to receive rebates from a number of construction companies to cover the above KRW 150 million with the payment of the said money. However, the Defendant did not have the ability to pay the said money to C.

In addition, C did not have a construction business license and there was no fact that the sub-subcontract company was selected in addition to the victim, and even if it was paid KRW 30 million from the injured party, there is little possibility that the said new construction work will be subcontracted from E, and there was no intention or ability to re-subcontract the electrical construction to the victim.

Around April 7, 2016, the Defendant received money from the injured party to receive KRW 10 million from the post office account (G) in the name of C, and 20 million from the same account around April 8, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Standard subcontract agreement for each construction business;

1. A certificate of the results of electronic financial transfer, and a certificate of transaction details;

1. Investigation report (or investigation of a witness H counterpart);

1. Investigation report (the counter-investigation of the Chief Director of the School FoundationF);

1. Previouss before ruling: A reply to inquiries, such as criminal history;