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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2017 Highest 1573"
1. On December 22, 2011, the Defendant: (a) at the office of D Co., Ltd. (hereinafter “Co., Ltd.”) operated by the Defendant on the third floor of the 3rd floor of the Ysan-gu Seoul Special Metropolitan City (hereinafter “Co., Ltd.”) at the time of the preceding week; and (b) “D” for the victim E is a repair company related to the reconstruction project.
At present, the NF reconstruction Corporation is being promoted in Geumcheon-gu Seoul Special Metropolitan City, which is designated as the "G" and the "D" as the re-building construction works.
If payment is made in KRW 50 million, the President (victim) shall register a company that he/she operates as a facility maintenance business entity of "G" and shall allow the said rebuilding construction to be subcontracted from "G".
The reconstruction works will be paid in the amount of KRW 50 million when they begin on May 2012 at the latest.
“.......”
However, in fact, “G” did not have been selected as a repair business entity of the instant reconstruction construction project, and “D” operated by the Defendant, and the time of the said reconstruction project was designated as a company other than “G” upon around June 2015. Thus, the Defendant had no intent or ability to register a company operated by the victim as a equipment maintenance business entity of “G” or to allow the Defendant to receive a subcontract of the said reconstruction project from “G”. At the time, the Defendant had a debt of KRW 100 million, and there was no monthly income from the damaged party, and there was no intention or ability to pay KRW 50 million borrowed from the damaged party until May 2012.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 20 million from the victim on December 22, 201, and KRW 30 million on January 17, 201, and KRW 50 million in total to the Agricultural Cooperative Account in the name of the Defendant.
"2017 Highest 1979"
2. On August 13, 2012, the Defendant: (a) the Victim H, who operates electrical equipment companies at the Defendant’s office located in Yeongsan-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on August 13, 2012, is the Jeju Special Metropolitan City I Apartment Complex Redevelopment Association.