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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a representative director of a local subsidiary of the Philippines C.
[20,000,000 won is required to be used for the purpose of the bank balance certificate (i.e., one name, and one company’s financial power and credit rating) in the Philippines, and (ii) the Defendant borrowed KRW 320,00,000 to E, who is the head of the headquarters affiliated with the Republic of Korea (hereinafter “the Republic of Korea”) around October 2010, to carry out the steel tower business by organizing a consortium; and (iii) the number of 120,000,000 won in the steel tower among them is conclusive; and (iv) the delivery of 120,00 won in the steel tower is exclusive. However, in order to carry out the business, if the Defendant borrowed KRW 320,00,00 for the purpose of the balance certificate, the amount of KRW 320,000 shall be returned only after the use of the balance certificate.
However, even if the defendant receives the above money from the victim, he was not a plan to use it for the purpose of balance certificate, but a plan to use it as the defendant's business expenses.
Around November 22, 2010, the Defendant, by deceiving the victim, received USD 278,972.95 (the amount of KRW 315,00,000 for Korean exchange) from the victim to the corporate account in the name of C (F) from the victim and acquired it by defrauded.
[2012 Highest 718] On January 2, 2012, the Defendant, with the knowledge of the interest in the entry into an overseas business by Ha and C, who was operated by Ha in Seocho-si, Seocho-si, Seoul, was trying to acquire I’s business funds by acquiring I’s business funds as if I and C together carry on business in the Philippines.
1. Crimes related to bid bond;
A. A. Around January 6, 2012, the Defendant: (a) entered into a bid with H and I’s Department of Business Department Department Department J of H and I to subcontract the installation work of 471 telecommunications steel tower in the Philippines; and (b) C constructs a steel tower, and I participates in the bid, as well as providing steel tower material.