A defendant shall be punished by imprisonment for six months.

Fraud around June 2013 is not guilty (2015 high group 1287 case).

Criminal facts

[2015 Highest 2544] Around October 2013, the Defendant stated that “A victim E shall perform the required FF Reclamation and Creation Work,” and that “A business entity shall re-subcontract the part of soil and sand transport work and the part of soil and stone transport work is found in this construction work, at the time of lending money, he/she will receive payment for completed payment.”

However, the term “F Reclamation and Creation Corporation” was interrupted, and the Defendant had already borrowed KRW 50 million from G in relation to the same construction work, and the Defendant promised to return KRW 50 million to G around October 29, 2013. Since the amount of funds of D Co., Ltd. was insufficient, there was no intention or ability to re-subcontract or borrow money with money from the victim.

In such a manner, the Defendant, by deceiving the victim and deceiving the victim, obtained the victim a total of KRW 5 million from November 6, 2013, KRW 10 million from November 18, 2013, KRW 5 million from November 18, 2013, and KRW 20 million from December 9, 2013, and acquired the victim by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes on details of transfer;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting the crime: Fraud; and

1. Recommendations and sentence of less than KRW 100 million: June - Within the scope of the recommended sentence of one year and six months (basic area), the sentence shall be determined as per the order;

Of innocence [2015 Highest 1287]

1. The Defendant, around June 2013, entered into a contract with the victim G to transport earth and sand from D Co., Ltd. (hereinafter referred to as D) office operated by the Defendant located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter referred to as “D”) around the lower end of June, 2013. In relation to this construction, 1.6 million won per day when transporting earth and sand and earth and rocks after being assigned 80 vehicles per day.