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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on June 17, 2016, and the written indictment on June 25, 2016 stated that the written indictment was dated June 23, 2016. However, even if this part appears to be a clerical error and is corrected without any amendment to the written indictment, it cannot be deemed that it would result in a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus,
The above judgment became final and conclusive.
[Criminal facts]
1. On December 18, 2014, the Defendant has the victim D’s office located in Yeongdeungpo-gu Seoul Metropolitan City Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government (hereinafter “Seoul Seo-gu Office”) with the victim’s “a company with the right to perform reconstruction works in Seo-gu Incheon Metropolitan City, Seo-gu.
Along with the purport that it would give a subcontract for civil engineering and framework construction during the reconstruction construction, a false statement was made to the effect that “The amount of KRW 15 million is changed as a deposit for the site preparation expenses, etc., and around that time, the victim made a false statement to the effect that “the victim is the head of the special business headquarters of the E company, and will perform reconstruction construction works in the E company.”
However, the defendant did not have served in the E company, and there was no intention or ability to subcontract construction even if he received money from the injured party because he did not have any authority over the Seo-gu Incheon Metropolitan City reconstruction Corporation.
Nevertheless, on December 20, 2014, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 15 million to the Defendant’s wife’s bank account on December 20, 2014 as the deposit money for the Corporation’s subcontract to the Corporation.
2. On January 21, 2015, the Defendant: (a) at the victim’s office located in paragraph (1) around January 21, 2015, the Defendant was unable to subcontract the Incheon reconstruction construction to the victim; and (b) instead, he/she would subcontract civil engineering, framework and electricity construction among the new construction of the G apartment in a forest room
The inside of the H Company was under way to take over the H Company, and the H Company entered into a contract with the H Company to build the new apartment, and the E Company.