A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2015 Highest 674]

1. The Defendant, while promoting the “C” in around 2010, ordered the victim E to take out earth and sand at the new construction site of the LPG gas storage site located in Chungcheongnam-do, where the construction of the GS is being carried out, by ordering the victim E to receive a written consent for land use from the owner of the land, etc. in Chungcheongnam-si, Chungcheongnam-si.

It was attempted to borrow money from victims by deceiving them.

On January 2012, the Defendant, at the Defendant’s office located in the Chungcheongnam-si F, Chungcheongnam-do, displayed his consent to the use of the said land to the victim, and “The Defendant will enter into a contract to remove soil and sand from the construction site of the GS GS GNG storage located in the Chungcheongnam-do, Chungcheongnam-do.”

It is intended to lend expenses for the conclusion of the contract for the release of earth and sand to give a subcontract for the shipping of earth and sand and to pay it immediately after receiving advance payment from the GS construction.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not have any capacity to purchase the soil and sand to reclaim the soil and sand that were taken out from the above construction site, so it was not clear whether to conclude the above soil and sand shipment contract was concluded. Moreover, the Defendant planned to use the money borrowed from the injured party as expenses related to the revenue business, personal debt, living expenses, etc., so the Defendant did not have any intent or ability to subcontract the above soil and sand shipment work to the injured party. At the time, the Defendant did not have any intent or ability to pay the money even if he borrowed the money from the injured party due to

Around March 5, 2012, the Defendant, at the victim’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government G Building 1017, borrowed KRW 10 million from the victim through H to the effect that “The expenses necessary for the implementation of the soil and sand shipping contract are to be entered into immediately” the Defendant received KRW 10 million from the injured party to the new bank account (J) in the name of the first designated by H, and the Defendant received KRW 10 million from the injured party.