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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 15, 2015, the Defendant was sentenced to a probation of 2 years and 80 hours of imprisonment for fraud at Seoul Western District Court on June, 2015, and the said judgment became final and conclusive on March 8, 2016.
The defendant is a real operator of construction business chain C.
On December 8, 2010, the Defendant entered into a subcontract for the construction of the C Office located in Gwangjin-gu Seoul Special Metropolitan City on the condition that “F, a subcontractor, shall pay in cash the total amount of KRW 515 million and KRW 60% of the total amount of money once a month,” and that “F, a subcontractor, shall pay in cash the amount of KRW 515 million and KRW 60% of the total amount of money.”
However, even if the Defendant entered into the above contract, there was no funds held by the corporation, and since it was not possible to obtain a loan from a financial institution before the completion of the pellet up to the 7th floor of the above loan, the Defendant did not have any intention or ability to pay the monthly construction price as agreed upon to F.
Around December 2010, the Defendant: (a) by deceiving F and making the F to enter into a contract with F under the same conditions as the Victim G around the end of December 201; (b) had F carry out the above loan facilities; (c) had the F carry out the installation work equivalent to KRW 45,000,000 until the end of March 201; and (d) had the F be supplied with the piping materials equivalent to KRW 20,000,000, and the Defendant acquired the pecuniary benefits equivalent to KRW 65,000,000 in total due to the failure to pay the amount, as described in the list of crimes in the same manner as indicated in the list of crimes; and (d) had four victims carry out the construction work equivalent to KRW 157,278,172 in total and have not paid the amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Each legal statement of the witness H, G, I, F, and J;
1. Each complaint (including accompanying documents) and each statement of payment;
1. A copy of a contract for delivery of goods, a copy of a subcontract, and labor cost;
1. A previous conviction: A written inquiry, such as criminal history, shall be made;