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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On September 29, 2011, the Defendant was sentenced to a suspended sentence of two years for the purpose of fraud in the Daegu District Court Port Branch Branch of the Daegu District Court, and the judgment became final and conclusive on October 7, 2011.
On May 4, 2010, the Defendant, at the office of the victim D Co., Ltd. (hereinafter “victim”) located in the Daegu-gu Office (hereinafter “C”), held 50% of the shares of “G Co., Ltd. (hereinafter “G”), the representative director of the victimized company,” and entered into a contract for construction work of G racing (hereinafter “Co., Ltd.”) with the damaged company, to the effect that “A company (hereinafter “H”) sells G discount membership to H, and is able to receive support equivalent to KRW 2 billion, and the construction site will be paid by borrowing approximately KRW 2 billion from financial institutions as security.” On the same ground, the Defendant, at the time of the Daegu-gu Office of the victimized company and G racing, concluded a contract for construction work of the G Outdoor K-K development project (the construction cost: 2,659,80,000 won) and the construction work of the G racing market (the construction cost: 4,598,000,000 won).
However, on May 4, 2010, the Defendant did not have at all shares of G, a company G, and was unable to receive funding from H because it did not reach an agreement on the sale of H and G discount membership rights. G site was provided as security to I, and it was not repaid after borrowing the amount of KRW 1.2 billion. Since construction cost was not paid to J, etc., the victim company did not have any intent or ability to pay the amount, even if it had caused the damage company to perform construction works for the creation of G outdoor frequency, etc.
As can be seen, the Defendant deceiving the representative director of the victimized company, and thereby, caused the victimized company to pay the construction cost by subcontracting the pipeline construction work in the new G construction work on the public facilities company, etc. from May 6, 2010 to June 2010, as shown in the list of crimes in the annexed list of crimes, and caused the victimized company to pay the construction cost.