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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around August 12, 2010, the Defendant against the victim B stated that “A victim B would have constructed a building by receiving KRW 60,000,000,000 from the owner D with respect to the Daegu Suwon-gu Construction Project.”
However, the defendant did not have the intention or ability to proceed with the construction work after being paid back to E Construction even if he received the construction contract amounting to 60 million won.
Nevertheless, on August 17, 2010, the Defendant made a false statement to the victim and received two copies of a bill representing 30 million face value at the coffee shop in Seo-gu, Daegu-si, Daegu-si.
Accordingly, the defendant was issued a bill of exchange which caused the total face value of 60 million won by deceiving the victim.
2. Fraud against victim F;
A. At around 16:00 on May 3, 201, the Defendant stated, “Around May 3, 2011, the Defendant sent a phone to the victim and paid the victim money, and if he/she borrowed KRW 5 million, he/she would have repaid the money up to May 6, 201.”
However, in fact, the Defendant did not have any intent or ability to pay the amount up to May 6, 201, even if he borrowed money from the victim, because (i) GG Construction, the operating company at the time, was difficult to maintain a economic situation, such as being closely engaged in the payment of wages.
Nevertheless, the Defendant made a false statement to the victim and received KRW 5 million from the victim via the agricultural bank passbook in the name of the wife H in the same place.
Accordingly, the defendant was delivered 5 million won by deceiving the victim.
B. Around 18:00 on July 29, 201, the Defendant stated that “Around July 29, 2011, the Defendant would complete payment up to July 30, 2011, if the Defendant leased KRW 800,000,000 to the money that he received at home, as the money was insufficient.”
However, even if the Defendant borrows money from the victim, he/she shall have the intent or ability to complete the payment as stated in the above paragraph (a).