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Defendant is punished by imprisonment with prison labor for six months, and Supreme Court Decision 2018Da403 decided 2, decided 203.
Reasons
Punishment of the crime
[criminal power] On June 25, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution on July 3, 2015 at the Gangseo Branch Branch of the Chuncheon District Court, which became final and conclusive on December 13, 2017. On December 13, 2017, the above court was sentenced to 1 year of imprisonment with prison labor and 2 years of suspended execution and became final and conclusive on June 12, 2018.
[2018 Highest 403]
1. Fraud against the victim B;
A. On October 6, 2014, the Defendant: (a) around the D restaurant located in Gangnam-si C, the Defendant stated that “I will make the victim take earth and sand collection with permission for gathering earth and sand from Gangnam-si; (b) F Co., Ltd. will allow F Co., Ltd. to carry out the business of transporting earth and sand at the site of G Co., Ltd. from Yung-si; and (c) allow F Co., Ltd. to take away earth and sand at will at will as the end of gathering earth and sand. First of all, the Defendant loaned money to K Co., Ltd., the Defendant would offer it from the price of earth and sand at the time of taking earth and sand out.”
However, the Defendant entered into a contract with FF Co., Ltd., a contractor for gathering earth and sand necessary for G Corporation to provide the Defendant’s mountain as a place for gathering earth and sand, and as it cannot be taken out except for the permitted State projects, the Defendant did not have the intent or ability to allow the victim to take out earth and sand.
The Defendant, as above, made a false statement to the victim and received KRW 5 million from the IF account in the name of H on October 7, 2014, and received money from the victim, and subsequently continued to borrow money from the victim at the time of release of earth and sand, and received money from the victim via the IF account in the name of H on October 13, 2014 through the IF account in the name of H to receive KRW 20 million in total, including KRW 3 million on October 13, 2014.
Accordingly, the defendant was given property by deceiving the victim.
B. The Defendant on November 2014