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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2015 Highest 173"
1. The Defendant, along with G, lent the name of H (State) I to G, but, as a result, the business operation of the company’s usage fee, such as the time and failure to pay off deposits, etc., was deteriorated as it was impossible to attract investment funds under almost no capital stock of the said company, he was willing to receive materials from another person and make loans.
G around March 2014, at the office of (ju 52) L operated by the Victim K (52) located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. G subcontracted from (ju) M for the production and installation of steel frames for the diveton facilities ordered by the (ju ) I to work in the military.
(State) The phrase “I would pay the price of the material as it ends upon the inspection of the (State)M” was false on the face of the supply of steel materials to I.
However, the Defendant and G did not have an intention or ability to pay the price for steel materials to the victim, even if they received steel materials from the injured party, they could not proceed with subcontracted construction due to the aggravation of business management of the said company, and there was an idea to use the said steel materials to repay the amount of the existing loan with the price for disposal of the said steel materials.
Nevertheless, the Defendant and G were supplied with steel-frames equivalent to KRW 69,228,170, around March 26, 2014, and steel-frames equivalent to KRW 76,495,682, around April 4, 2014, at the market price of KRW 145,723,852, such as steel-frames in an amount equivalent to KRW 76,495,682, from the victims of damage.
Accordingly, the defendant was given property by deceiving the victim in collusion with G.
"2015 Highest 76"
2. On April 6, 2014, the Defendant, at the victim R's office located in Gyeyang-gu Incheon Gyeyang-gu, called "if the Defendant borrowed only one day a vehicle that ought to start the construction contract, he/she will use it and immediately return it to the victim," thereby allowing the victim to keep it by delivery of the first passenger car equivalent to KRW 25 million on the same day from the victim.
The Defendant around April 11, 2014.