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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
around January 3, 2014, the Defendant stated that “Around January 24, 2014, the Defendant issued a hotel construction contract in the Incheon Metropolitan City, which is located in Pyeongtaek-si, to the victim C,” and that “Around January 24, 2014, the Defendant would make reimbursement by January 24, 2014, as it is necessary to pay a contract deposit of KRW 20 million, as the president of the construction civil engineering company and the president of the Incheon Metropolitan City is required to do so.”
However, in fact, the defendant did not receive a hotel construction work, and there was no intention or ability to make a repayment even if he borrowed money from the victim because he was willing to use it for personnel expenses and personal debt repayment instead of contract deposit.
The Defendant received 20 million won from the victim’s seat to the Defendant’s corporate bank account.
Accordingly, the defendant was given property by deceiving the victim.
"2016 Highest 1771"
1. Around October 2012, the Defendant made a false statement to the effect that “A victim D was ordered to remove a large-scale factory in the site of the construction site of Pyeongtaek-gu Seoul Metropolitan City, which was scheduled to begin immediately from January, 201, the Defendant would pay the principal and pay 50% of its profits later upon investment of KRW 100 million.”
However, at the time, the defendant did not have been ordered to remove, and even if 100 million won was received from the victim, there was no intention or ability to pay the principal and the profits.
As above, the Defendant, by deceiving the victim, was transferred from the victim to the corporate bank account in the name of the Defendant, the sum of KRW 140 million from November 22, 2012 to April 24, 2013.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant’s fraud against the victim E in February 27, 2013 to the effect that “If there was a construction project implemented by Pyeongtaek-siF to the victim E, and the business fund is insufficient, it would be repaid immediately if it lends KRW 10 million to the victim E.