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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court on August 17, 2012 and the same year.
8. 25. The judgment becomes final and conclusive, and on January 30, 2013, the Seoul Central District Court has been sentenced to imprisonment with prison labor for not less than one year and six months for fraud, etc. and the same year.
4. 25. The judgment became final and conclusive, and on December 19, 2014, the Seoul Central District Court sentenced one year and six months of imprisonment for fraud, which became final and conclusive on May 14, 2015.
The Defendant, around November 10, 201, opened a company called “E” in Songpa-gu Seoul Metropolitan Government, and referred to as “the president,” and “K” as stated in the facts charged of F, which was called “F”, appears to be a clerical error of “F”.
(See Investigation Records No. 3-4, 21-2, 28, 176 pages, etc.) A stated that “The Vice President I of H Corporation ordered removal works equivalent to 15 billion won within the J, in which H Corporation is located, and ordered removal works equivalent to 30 billion won of the construction amount.” This stated that “The 50 billion won should be changed, inasmuch as the construction works equivalent to 30 billion won of the construction amount are equivalent to 4.5 billion won.”
However, at the time, the dispute resolution E and the defendant did not have any capacity to receive the above construction works because they had no record of receiving the large-scale development site construction works, and there was no ability or intent to allow the above construction works to be received or received by the victim through the expenses for H works.
As such, the Defendant, by deceiving the victim, received a total of KRW 50 million from the victim, including KRW 30 million on November 11, 201, and KRW 17.20 million on the 17.20 million on the same month.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused and F by the prosecution;
1. Each statement of F and G in the police interrogation protocol against the accused;
1. The police statement concerning G;
1. A complaint filed by G;
1. A copy of each subcontract agreement (number 2, 5);
1. A copy of the previous investigation into details of transactions (No. 3) and the defendant's Cit Bank of Korea with a warrant of search, seizure, and verification;