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A defendant shall be punished by imprisonment for not less than three years and six months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. Fraud;
A. On June 6, 2007, the Defendant, as the representative director of the FF corporation located in Busan Young-gu E, Busan, said that “The Defendant would pay the price of the materials immediately after receiving the construction payment from I for the first two months after supplying the joint plate, which is a construction material to be used in the construction of J apartment that I received from the Plaintiff, by telephone, via G, who is an employee of F, a staff member of F.”
However, the defendant's company has no intention or ability to pay the amount even if it is supplied by the victim with the aggregate of KRW 2 billion liabilities, such as KRW 580,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.
The Defendant, as above, by deceiving the victim and receiving 150 Gohaps equivalent to the market price of KRW 1,617,00 from around that time to September 20, 207, as shown in the annexed crime list, was issued a total of 139,74,00 won for delivery, as shown in the annexed crime list.
B. On July 16, 2007, the Defendant said that “The sn beamline to be used in the J apartment new construction work ordered by I is to be paid in cash at the end of the following month by leasing the sn beam beamline to be used in the J apartment construction work ordered by I from the F office to the employees of the victim KK corporation through L, an employee at the F office.”
However, F shall be above 1.A.
Even if the sn beam beam is leased from the victim for the reasons such as paragraph (1), there was no intention or ability to settle the proceeds.
The Defendant, by deceiving the victim as above, received 8,890 sn beam beamline from the victim on the same day and used until the end of September 2007, and did not pay 11,005,584 won for rent, thereby taking economic benefits equivalent to that amount.
C. The Defendant’s fraud against the Victim N Co., Ltd. is F. around June 3, 2007.