A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

Around October 2008, the Defendant stated that, at the victim D's construction business office located in Yeongdeungpo-gu Seoul Metropolitan Government, “The construction of the site for electric source housing will be carried out at Yang-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si, the Defendant would request the owner to have the construction subcontracted, instead of having the cost, and there is no money within this time

At the time of such fact, the Defendant did not have the intent or ability to obtain a subcontract for the construction of a site for electric power supply in both fields of interest, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party due to lack of certain income and property.

Nevertheless, the Defendant, as seen above, received 6 million won in cash from the injured party's office as the borrowed money from the victim's office around that time, and obtained 40 times from October 2008 to November 11, 2009 a total of 77 million won from November 2009 as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A copy of the standard construction contract, construction contract, each letter, receipt, and transaction details of passbook;

1. Application of Acts and subordinate statutes of the investigation report (Evidence Nos. 9, 10)

1. Where the relevant Article of the Criminal Act as to the crime, Article 347(1) of the Criminal Act as to the selection of punishment, grounds for sentencing of punishment [the scope of recommendation] [the scope of punishment] of the aggravated area (one to two years and six months) [the person subject to special aggravation] of punishment [the scope of recommendation]] of the aggravated area (one to two years and six months] of punishment [the scope of recommendation] [the scope of recommendation] of the aggravated area (one to two years and six months] of the aggravated area (one to one hundred million won), [the person subject to special aggravation] of the aggravated area (one to one year and six months] of the aggravated area (one to two years and six months] of the general fraud [the decision of sentence] of this case, and the fraud amount of this case amounts to 70,7700,000 won and the object of processing in order to mislead the victim.