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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On February 9, 2012, the Defendant transferred KRW 20,000,000 to the Agricultural Cooperative account in the name of the Defendant, i.e., the victim D at the office of Defendant’s management at the site of the construction of the main complex building located in Gwangju North-gu, Gwangju-gu, stating that “A construction contract is the representative of the construction site of the main complex building located in C, and the subcontracted construction contract was concluded. However, if only KRW 20,00,000 is lent before the conclusion of the subcontract construction contract, it would be repaid until April 2012.”
However, the Defendant was only in charge of removal related to the construction of the building for the main complex in C, and was not the representative of the construction project, but could not subcontract the construction of the said new building to E, a stock company where the victim works. There was no actual delegation from F, the owner of the building for the main complex in question, or his/her agent, with the authority to re-subcontract the construction. The Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the victim due to the lack of property under the name of the Defendant.
Therefore, the Defendant, by deceiving the victim D, received 20,000,000 won as the borrowed money and acquired it by deceiving the victim D.
2. At around 11:00 on May 2, 2012, the Defendant received KRW 1,200,000,000 on the 3th day of the same month from the J of Seoul, the Defendant received each transfer of KRW 1,00,00,000 on three occasions from the Defendant’s agricultural bank account under the name of the Defendant, and received KRW 1,20,000,000 on three occasions on the 4th day of the same month and KRW 6,10,000 on the 6th day of the same month (total 4,20,000,000,000 on the 1,20,000 won from the Defendant’s agricultural bank account under the name of the Defendant, and received KRW 10,000,000 on the 13th day of the same month,50,000 on the 13th day of the same month,50,00 each of the same month.
However, in fact, the defendant is necessary for the construction contract from the working-level L of M&A, the owner of low temperature warehouses.