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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal Justice] On March 30, 2018, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for embezzlement at the Goyang Branch of the Jung-gu District Court on March 30, 2018, and the said judgment became final and conclusive on April 7, 2018.
【Criminal Facts】
In March 2013, 2013, the Defendant stated that “The Defendant would subcontract G.T.B.B (Gree, Te, Bunker) and Purdi Corporation to the victim B at a coffee specialty store where the name of addressless merchant is unknown, which is below Sacheon-si, Sacheon-si, Sacheon-si, 2013.” among them, the Defendant said that “The Defendant would subcontract the construction of a golf course to G.T.B (Gre, Te, Bunker) and Purdi.”
However, the facts were that the Defendant was not the representative of C, and that there was no contract for the construction of a golf course, so even if the Defendant received KRW 100 million from the victim, the Defendant did not have the intent or ability to subcontract G.T.B and Ptd construction to the victim.
Ultimately, around March 8, 2013, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the E holder bank account used by the Defendant for advance payment. From around that time to December 23, 2015, the Defendant received a total of KRW 69 million from the victim, such as demanding additional expenses for subcontracting G.T.B and To December 23, 2015.
"2019 Highest 1255"
1. Fraud;
A. The Defendant intended to have a golf course subcontracted to H Co., Ltd. operating the Victim G management, and intended to obtain money by accessing the victim.
On February 17, 2015, the Defendant entered into a false statement with the victim at the H office located in Daejeon Jung-gu Daejeon Special Metropolitan City, stating that “In-house J Co., Ltd. (hereinafter “J”) and K president were awarded contracts for construction of a new golf course in Gyeong-nam Special Metropolitan City. Of the new construction of a golf course, the Defendant would try to give a subcontract for the part of civil works among the new construction of a golf course and would need to pay KRW 30 million,000,000.”