beta
Text
Defendant
A shall be punished by imprisonment for a period of three years and six months, and by a fine of KRW 1,00,000, respectively.
Defendant
AY This fine.
Reasons
Punishment of the crime
[criminal power] On April 11, 2007, Defendant A was sentenced to imprisonment of one year and six months with prison labor for fraud, etc. at the Sungnam Branch of Suwon District Court on September 19, 2007, and completed the execution of the sentence in the Ansan Prison on June 7, 2008.
[2012 Highest 1403]
1. Defendant A, with the knowledge of the general public, had a view to acquiring money and valuables by using the BE removal construction right in Namyang-si BD through BC.
Around October 9, 2008, upon receipt of a request from Defendant A for the selection of a contractor for the removal works, BC shows the contract for the removal works concluded between BJ and Defendant A and BC to the victim B who is the director of (ju) BG office at the network BG office of the 10th floor of Jongno-gu Seoul Metropolitan Government BF Office, and (ju) entered into a subcontract for the removal works with BH and received KRW 80 million from the victim, namely, at the victim’s seat, as the contract deposit.
However, Defendant A had no intention or ability to subcontract BE removal works to the company where the victim works with the knowledge of the fact that BE removal works were not effective since BJ was a non-established corporation at that time without being awarded a contract for BE removal works.
Accordingly, Defendant A acquired 80 million won from the victim as the down payment for the above BE removal construction work through BC.
[2012 Highest 1699]
2. Fraud to the victim BK;
A. The Defendants conspired to make a false statement to the victim BK to give a subcontract for the removal work during the project of replacing the victim AH in spite of the Defendant’s failure to order the Seoul Songpa-gu AH’s replacement work, and to obtain money by fraud.
Defendant
AY around February 1, 2011, at the coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul, the victim BK had “AH's replacement corporation.”
The test is to allow removal works among their own replacement works.