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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 7, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on the 15th of the same month.
1. On December 10, 201, the Defendant, the representative of the D Co., Ltd. engaged in the removal of buildings at the office located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around December 10, 201, is implementing real estate projects in one parcel other than the Gangdong-gu Seoul Metropolitan Government F.
On the face of lending KRW 20 million in order to require operating expenses, it stated to the effect that the removal of the building in the above lot will be subcontracted.
However, in fact, the Defendant did not undertake the real estate implementation project in the above land and did not have the authority to subcontract the above building removal works, and did not have the intent or ability to subcontract the building removal works to the victim as agreed.
Nevertheless, the Defendant: (a) by deceiving the victim as above, entered into a standard contract for construction works equivalent to KRW 176 million with the victim around December 26, 201; and (b) received KRW 20 million from the victim on the following day as a loan.
2. On May 2012, the Defendant ought to remove the building site to the victim by telephone at a place where it is not possible to know the place.
The purpose was to say that, on the face of lending KRW 20 million to require the attorney’s cost for the clarification of the tenant, the removal of the above building is to be awarded a subcontract.
However, in fact, the defendant did not undertake the project in the above site and did not have the authority to subcontract the removal of the building in the above site, and there was no intention or ability to contract the removal of the building to the victim as agreed.
Nevertheless, the defendant deceiving the victim as above and signed a standard contract for construction works equivalent to the contract amount of 537,724,000 won on or around June 7, 2012 with the victim and that is in its jurisdiction.
6.25. Gyeongsung.