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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2018 Highest 1674"
1. On April 12, 2017, the fraud Defendant made a false statement to the effect that “The victim D will repay KRW 100 million until May 31, 2017 when the construction is completed, with the loan of KRW 20 million in cash from the present E University.”
However, the above borrowed money was not intended to be used for the purchase of materials from the E University, but intended to use the aforementioned borrowed money for the credit card price of the juristic person, the employees of the company and the employees of the Corporation and for the payment of wages and retirement allowances of the subcontractor, and the construction cost of the subcontractor. The unpaid construction cost to the subcontractor was equivalent to KRW 300 million, tax unpaid amount of KRW 44 million, corporate bonds equivalent to KRW 300 million, wages and retirement allowances to be paid to the contractor to the subcontractor is equivalent to KRW 300,000,000,000, and in the case of another construction site (F-building construction entered into a contract at around March 2017), it is unclear whether the down payment or first payment was paid within the period after having been issued in the name of a third party, not in the name of the contractor, and there was no intention or ability to pay the payment within the period, including the interest paid by the subcontractor to the victim.
As such, the Defendant, by deceiving the victim D, was issued KRW 80 million in total from the victim D, i.e., KRW 30 million cashier’s checks (G) and KRW 10 million cashier’s checks (H-I).
"2018 Highest 1767"
2. On June 26, 2013, the Defendant paid KRW 979,968 per month to the victim company with respect to a passenger car (hereinafter “instant vehicle”) equivalent to KRW 59,639,630 of the market price owned by the victim company between the victim L Co., Ltd. and the Gangnamnam Exhibition located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant vehicle”).