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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2014 Highest 1610] The Defendant, by telephone on March 6, 2012, should issue a contract guarantee to the victim AF that he/she was awarded a contract for the construction of a military unit.
If a contract guarantee is granted to KRW 20 million, it would be paid in advance by concluding a contract after two weeks.
However, in fact, the U.S. military unit did not pay advance payment in connection with the construction work, it was thought that the defendant would use the money received from the victim for the repayment of the bill obligations, and the defendant did not have any property and have no ability or intent to pay the money within the time limit, even if he borrowed the money from the victim because there was no property and there
Nevertheless, the Defendant received from the victim a total of KRW 14 million, including KRW 4 million on March 6, 2012, and KRW 10 million on March 12, 2012, from the victim, to the account in the name of one bank in the name of the Defendant, and acquired it by fraud.
[2014 Highest 2608] The Defendant is a person who is working as the representative director of E Co., Ltd. (hereinafter “E”) from around 2008.
The Defendant, around August 201, at the AI office operated by the victim AH located in Gyeong-si, Chungcheongnam-si, Gyeong-si, the Defendant stated to the effect that E can fully repay the borrowed money as construction cost after receiving an order from the U.S. Government and Pyeongtaek-si I to the victim.
However, in fact, E was in arrears with the amount of tax of KRW 50 million at the time, and around KRW 2 billion, such as loans and bonds, the monthly interest burden of KRW 18 billion was reached from KRW 18 billion to KRW 20 million. From around December 10, 2010 to May 27, 201, E entered into an agreement with F and G to receive KRW 500 million from investment proceeds and pay KRW 500 million of the progress payment as investment proceeds, and it was in fact an agreement with K and L to receive KRW 30 million from July 19, 201 to August 18, 201, and to pay KRW 200 of the progress payment as investment proceeds. Accordingly, it was from the victim.