A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On June 8, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Daejeon District Court for one year and six months on July 18, 2017, and the sentence became final and conclusive.

The Defendant, as the representative director of C Co., Ltd. operating a construction business, entered into a new construction contract for the construction of commercial housing on the building site on April 15, 2014 with the victim D and the construction cost of KRW 432,00,000,000. From August 15, 2014 to November 9, 2015, the construction contract for the new construction of commercial housing was paid in full by the victim from around August 15, 2014 to around November 9, 2015.

1. Fraud;

A. On November 25, 2015, the Defendant committed the crime of November 23, 2015: (a) put the victim into the construction cost of the commercial house and completed the new construction of the commercial house in the mutual influent restaurant located in the Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun on November 23, 2015; and (b) put the victim into the construction cost of the commercial house if it is leased KRW 30 million.

In addition, it was false to the effect that when the construction cost is paid at one construction site, the borrowed money will be repaid first, and if the repayment is not made first, the value tax to be deducted first from the value tax to be settled after the completion of the commercial house.

However, at the time, the financial situation of the Defendant Company was extremely poor, and the fairness rate of the above commercial housing does not exceed 80%, and even if the Defendant Company’s subcontractor was partially unpaid and paid money from the victim, the Defendant did not have any intent or ability to complete the above construction.

On November 25, 2015, the Defendant received KRW 30 million from the damaged party’s bank account in the name of the Nonghyup Bank Co., Ltd. on November 25, 2015.

After all, the defendant was given property by deceiving the victim.

B. On December 28, 2015, the Defendant, at around 18:00 on December 23, 2015, presented to the victim a final share agreement in relation to the construction of a new building on a separate side at the trade in French coffee store F, Chungcheongnam-nam, Hongsung-gun around 18:00 on December 23, 2015, and lent KRW 30 million to the victim more.