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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
The Defendant is the actual operator of C Co., Ltd., a solar power generation construction company.
1. Fraud;
A. On February 9, 2012, the Defendant made a false statement to the effect that “The Defendant will complete the solar power plant up to May 2012, 2012 by completing the solar power plant with a power generation capacity of 3kw in the power generation capacity at the Sincheon-si’s dwelling at the low price to the village residents.” As construction cost, the Defendant concluded that “The Defendant will complete the solar power plant up to the end of 2.1 million won at the Sincheon-si’s dwelling.”
However, in fact, the Defendant had no intention or ability to complete the solar power plant as agreed upon by the victim, as it was extremely bad in financial circumstances, to proceed with the solar power plant construction work that was concluded at a low price for the purpose of accumulating the company’s performance, and to use it as the cost for the construction work related to the previous contract.
Nevertheless, the Defendant, as seen above, received KRW 2.1 million from the victim to the agricultural bank account under the name of the Defendant for the same day as the construction cost of the same day, and received total KRW 297.8 million from 17 victims over a total of 17 times from October 8 of the same year, such as the list of crimes in the attached Form.
B. On May 24, 2012, the Defendant concluded a false statement to the effect that “The Defendant will complete the solar power plant by completing the solar power plant up to 65 billion won on the first ground of the Gyeongsung-gun, Gyeong-gun, with the amount of electricity generation of 200 kilowatts,” the Defendant paid 30% immediately after the date of the contract, 40% after the date of the delivery of the power plate and power generator, and 30% after the start-up of the contract, and the Defendant will complete the solar power plant up to August 2012, which is two months later.”
However, in fact, the defendant constructed a high-capacity solar power plant such as the contract with the victim.