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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal record] On January 26, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on June, 2016, and the judgment became final and conclusive on July 20, 2016.
The Defendant, from October 2010 to April 2014, 2014, worked as the head of the Construction Headquarters or the representative director of C in Jeju, and from April 2014, the Defendant established a corporation under the name of the Defendant, “D” and “E,” and operated the business of attracting investment. However, the said set was in a situation where it was impossible to perform construction works normally due to complicated and complicated rights relations, such as where the maximum amount of the claim is KRW 19.5 billion and the 176 seizure was registered. Furthermore, since the Defendant had only been a corporation of the said Ri, there was no authority to attract construction works related to the said Ri.
1. On January 15, 2012, the Defendant against the victim F made a false statement to the victim F, stating that “The Victim F would promptly proceed with C’s extension and remodeling construction by receiving an investment from a Chinese investor, but the Corporation’s general service duty is to engage in the overall service, and thus, changed the contract deposit amount.”
However, in fact, the Defendant did not receive investment from Chinese investors, and the seizure of the site and buildings of C was complicated due to the mortgage and tax delinquency, etc., and there was no plan to proceed with the construction.
Nevertheless, on January 19, 2012, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from the victim to the account under the name of G hotel as a deposit for construction; and (c) from that time until July 14, 2016, the Defendant received KRW 200,235,000 in total on 23 occasions as shown in the attached Table of Crimes (1) in the name of the deposit for a construction contract, the cost of issuing securities to guarantee advance payment, business expenses, etc. between July 14, 2016.
2. The victim H.