Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2017 Highest 599] The Defendant works for the Victim E in the “D coffee shop” located in Daejeon-gu Daejeon-gu Daejeon on December 2, 2010, while working for the Victim E as the managing director of the F, and operates the G market reconstruction project at Gyeongnam-si.
The Corporation shall obtain project approval from the Do administration in the south of the following month, and it will start reconstruction construction works on April 201.
Upon the approval of a project, the re-building project made a false statement to the effect that the re-building project can be used for the cost of subcontracting the re-building project.
However, in fact, the defendant did not request the competent authorities to deliberate on the approval of the project, but did not work as a situation where the project is being implemented due to the lack of the project funds, and G market reconstruction Corporation has returned the application for business deliberation twice, so it was difficult to obtain approval of the project. In addition, since the authority to subcontract the reconstruction project was to the F representative director, the defendant did not have the intent or ability to reduce the subcontract for the reconstruction project even if he received the money from the injured party.
The Defendant, as such, by deceiving the victim, received KRW 4 million on December 8, 2010 from the victim, on the pretext of expenses for reconstruction works, KRW 15 million on December 15, 201, KRW 207 million on December 23, 2010, KRW 10 million on January 19, 201, and KRW 70 million on five occasions, including KRW 15 million on January 21, 201.
[2017 고단 849] 피고인은 2011. 11. 경 대구 이하 불상지에서, 그 무렵 우연히 만 나 알게 된 피해자 H에게 사귈 듯이 접근하여 피해자에게, ‘ 안동의 도청 예정지 부근의 녹지를 금융기관 대출을 받아 매입하였는데, 저당권 설정을 풀어야 하니 2,000만원을 빌려 주면 한 달 후에 갚아 주고, 용돈도 3,000만원 더 주겠다’ 고 제안하여 이를 믿은 피해 자로부터 2012. 2. 3. 대구 북구 노원 3 가에 있는 고속버스 터미널에서 1,000만 원권 자기앞 수표 2 장을 교부 받았다.
However, the defendant is aware of the above facts.