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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 23, 2012, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for fraud, and the judgment became final and conclusive on January 25, 2013.
[2013Kadan886] Around July 2010, the Defendant stated to the effect that “D office operated by the victim C,” “A Corporation for the expansion of warehouse of F located in Busan E,” the Defendant would make the work payment to the victim as the construction cost would be settled if the excavation work for the removal of the existing building would be done.”
However, the Defendant had no intention or ability to pay the victim the amount of the flapsing work by properly carrying out the flapsing work due to the fact that the Defendant had diverted the down payment and the total amount of the materials received from F at the time to another place, and there was no other property or income.
Nevertheless, the Defendant made a false statement to the victim, and had the victim do so from July 26, 2010 to September 30, 2010, and did not pay 15,650,000 won to the victim, thereby acquiring property gains equivalent to that amount.
[2013 Highest 901] On September 30, 2010, the Defendant made a false statement to the victim I stating that “In the office of “H” located on the fourth floor of the G Building in Changwon-si, the Defendant would accept the J and give a subcontract for a project to expand the public disposal facilities for food waste on the lots outside K and 16 lots in the name of J. In return for giving a subcontract instead, the Defendant changed the amount of KRW 40 million in return for giving a subcontract.”
However, there was no intention or ability to subcontract the above food waste public disposal facility expansion project with the victim because the defendant was in a situation where J acceptance was not clear, and the J had not entered into a subcontract with L who received the above business from Jinju View.
The defendant acquired 20 million won cashier's checks and 20 million won cashier's checks from the victim on the same day.