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Defendant
A Imprisonment with prison labor of one year and two months, and U.S. shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Defendant U, on September 27, 2012, sentenced two years of suspended sentence to one year of imprisonment for fraud, etc. at the Gwangju District Court, on September 27, 2012, the judgment was finalized on November 27, 2012.
Defendant
A was sentenced to eight months of imprisonment for fraud, etc. at the Gwangju District Court on September 22, 2006 and completed the execution of the sentence in the Gwangju Prison on June 25, 2007.
Defendant
U from November 2007, he operated the Y-si, Y-si, Y-si, Y-si, Y-si, and the Defendants jointly operated the AA corporation in Gwangju-gu, 2008.
1. Defendant U;
A. On August 27, 2008, the Defendant made a false statement to the victim AC at “AB” restaurant located in Naju-si, “AB” that “AB is being built by the construction of a new building in AD, and is awarded a subcontract for steel frame, board, windows, and glass construction among them in the Z of the Co., Ltd..., whichever is urgently needed. If the money to be used is leased KRW 10 million, the payment for completed portion will be paid immediately as the payment for completed portion will accrue.”
However, the defendant did not have an intention or ability to immediately repay the damages due to the increase in the price of materials, even if he borrowed money from the victim because it is not sufficient to properly pay personnel expenses, material costs, and work costs.
As such, the Defendant, by deceiving the victim, received from the victim a delivery of KRW 10 million in total, of KRW 10,000,000 from the victim as the borrowed money on the same day.
B. On September 18, 2008, the Defendant is urgently required within the AF office operated by the victim AE located in the Gwangju Mine-gu, Gwangju, to use money as labor cost, etc.
If the progress payment for the new construction of the salt-to-be building is made, the progress payment will be paid immediately if the loan is made in the amount of KRW 15 million.
When lending money, it is expected to set up a collateral security on the land of reorganization in the south Sung-gun, Jeonsung-gun, which is located in the name of the type AG.