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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud;
A. On Oct. 1, 2008, the Defendant: (a) on Oct. 1, 2008, the first police officer of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, entrusted C with the entire Eriart construction work in the mutual unclaimed restaurant located in the neighboring market; and (b) recommended each sector’s business operator.
As a result, C received the request from the victim F to conclude the mechanical equipment construction contract at the mutual influent restaurant located in the regular and non-Eup city around November 17, 2008, and around December 1, 2008, C transferred KRW 30 million from the victim to the Agricultural Cooperative Account (Account Number: G) in the name of the victim, and requested the defendant to conclude the contract with the victim by posting the telephone.
The Defendant, around December 2008, at the end of Seoul (hereinafter referred to as Seoul) and around the end of December, 2008, concluded a facility contract with the victim and cancelled the contract with other persons to enter into the contract with the victim for the installation of a set of facilities and equipment and demanded C to withdraw the contract. On January 19, 2009, the Defendant made C make a false statement to the effect that “In order to enter into the E set of facilities and equipment contract, the amount is needed to be added.”
However, in fact, the Defendant was not authorized by D to carry out the above construction work, such as entering into a contract related to the above construction work, and was already cancelled around 2004, and the above construction work could not be carried out because it did not prepare funds to carry out the construction work. The above construction work, which was interrupted at the time of the above contract, and the above company did not have the intent or ability to enter into the above construction contract or to allow the victim to carry out the above construction work even if the Defendant received money from the victim because it was not related thereto
Nevertheless, on January 22, 2009, the Defendant enticed the victim, and caused the victim to transfer KRW 20 million to the said Agricultural Cooperative Account in the name of C around January 2, 2009.
(b).