Defendant

A. Articles 1. 1., 4. and 7. Crimes, 2., 3., and 5. Crimes, 5. of the Decision, 1. and 1.6.

Punishment of the crime

Defendant

A On April 13, 2009, the Seoul Eastern District Court sentenced two years of suspension of execution to 10 months of imprisonment for fraud, and the above judgment was finalized on April 21, 2009. On October 25, 2012, Defendant B was sentenced to imprisonment of one year and six months by the Supreme Court on October 25, 2012 and the above judgment became final and conclusive on the same day.

[2011 Highest 1167]

1. Around March 27, 2008, Defendant A made a false statement to the effect that “Defendant A is entitled to operate a simple restaurant at the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the building site of the victim K through the network M, the husband of the victim K (hereinafter “N”) through the victim N Co., Ltd. working for the Defendant (hereinafter “N”), and Defendant A is entitled to the right to operate the restaurant at the construction site of the construction site of the construction site of the construction site of 10 million won.”

However, at the time, the N does not definitely receive the right to operate the Trab restaurant at the construction site at the construction site at the time, and even if the N is entitled to the right to operate the Trab restaurant from B, the actual operator of the N, he did not have the intention or ability to grant the right to select the entrusted operator at the construction site at the construction site at the construction site at the construction site at the construction site at the time

Defendant

A, as above, by deceiving the victim and deceiving it from the victim through the network M, acquired 20 million won from the company bank account in the name of the O, which is the son of the defendant A on the same day as the price for the operation right of the 20 million won in the above construction site, 30 million won in the same account on April 4, 2008, 20 million won in the name of the O bank account, and 30 million won in the account in the name of the defendant A, and acquired 10 million won in total from each transfer to the company bank account in the name of the P, which is the son of the defendant A.

[2011 Highest 1716]

2. On March 30, 2010, Defendant A, as the N’s representative director, ordered the victim Q Q Q in the mutual incom shop in Songpa-gu Seoul, Songpa-gu, Seoul, to “R apartment construction site cafeteria in the name of S Co., Ltd. (hereinafter “S”).

In the face of KRW 250,000,000,000.