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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal history] The Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court on February 11, 2015 and the judgment became final and conclusive on September 6, 2016.
[2] The Defendant is a person who actually operates E Co., Ltd.
On March 20, 2014, the Defendant planned to enter into a contract (MU) with H through staff G in the coffee shop near the F building in Seoul, Jung-gu, Seoul, with the understanding that the E capital will be invested to carry out a land development project for the JJ district at the Gyeonggi-gu International Institute of Gyeonggi-si, such as LH, and would give a contract for the removal of money in relation to the said project. The Defendant borrowed money to the effect that “I will make a change until the removal of money starts.” The same year.
4. 3. At a restaurant near the above F building, the purport of the above H is that “A removal work for a building, etc. with approximately 4050,000 square meters of land for the J-si I Day will be awarded to KRW 18.2 billion of land for the housing site development project, and the above H borrowed money as a deposit for contract performance,” and the above H sent it to the victim K around that time.
However, in fact, LH Corporation decided to enter into a contract through an electronic bidding, most of which are scheduled to be selected through an electronic bidding, and LH Corporation had the ability to carry out removal works in the project district around March 2015. The bidding conditions are as follows: (a) companies with the appraised value of the execution capacity of more than 4 billion won; (b) registered companies for asbestos dismantling and removal business under the Industrial Safety and Health Act; and (c) companies with no principal place of business in Gyeonggi-do continuously had their place of business in Gyeonggi-do from the date of the tender announcement to the date of the contract execution; and (d) the Defendant did not have any intent or ability to pay the removal works even if it borrowed money due to lack of funds for the management of the company.