Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On January 26, 2017, the Defendant made a false statement to the victim C, who became aware of the establishment of a new commercial building in both weeks B through the introduction of the branch seal in the neighboring coffee shop in both weeks, stating that “The Defendant would allow the victim C to construct a commercial building newly built in both weeks B, on both sides.”

However, the defendant did not have any authority over the construction of the above commercial building at the time, so even if he received money from the victim, he did not have the intent or ability to allow the victim to receive the above construction contract.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim in the name of the provisional contract money for construction from the victim, and acquired it through the Defendant’s corporate bank account.

Summary of Evidence

1. In light of the Defendant’s legal statement C, D, and E’s provisional written statement statement, the text of Article 37 and Article 39(1) of the Criminal Act, legislative intent, etc., if a crime for which judgment has not yet become final and conclusive cannot be ruled concurrently with the crime for which judgment has already become final and conclusive, the relationship between concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that the sentence may not be imposed, or mitigated or exempted in consideration of equity and the case for which judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

(Supreme Court Decision 2014Do469 Decided March 27, 2014). According to the records, the crime of fraud in the instant case was committed on January 26, 2017 before the judgment of the Defendant, who was sentenced to a suspended sentence of two years to ten months of imprisonment by reason of fraud, etc. at the District Court, becomes final and conclusive on November 1, 2019. However, the Defendant, separate from the above criminal offense, was sentenced to one year and five months by imprisonment at the Seoul Northern District Court, and the judgment became final and conclusive on October 2, 2015, and the offense for which the judgment became final and conclusive on November 1, 2019, was committed before the said judgment became final and conclusive on October 2, 2015. Therefore, the crime of fraud in the instant case was committed before the judgment became final and conclusive on November 1, 2019.