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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around November 2009, the Defendant related to the 20-household subcontracting of electric power resource housing said that “F would enter into a new construction contract with the 500 unit unit construction in G G in the Namyang-gu Seoul Dongdaemun-gu, Seoul, and that “F would enter into a subcontract for the construction of the 20-household unit construction to the party who would be awarded the payment for the completed portion, and would then receive the payment for the expenses later.”
However, in fact, the said new house construction corporation did not permit the execution of construction because the executor did not purchase the land from the landowner, and even if the defendant received the money from the victim for the expenses, the defendant only intended to use it for the personal purpose, and did not have the intent or ability to subcontract the construction work as agreed to the victim.
Nevertheless, on January 19, 2010, the Defendant: (a) by deceiving the victim; (b) obtained from the victim the victim; (c) KRW 18 million from the stairs installed at the Ida in Dongdaemun-gu Seoul; (d) KRW 1500,000,000 from the entrance stairs installed at the Ida around January 20, 2010; (c) KRW 3 million from the above Ida entrance stairs; (d) around February 22, 2010 from the above Ida entrance stairs; (e) KRW 50,000,000 from the 1.5 million from the above IDa entrance stairs around March 5, 2010; and (e) KRW 100,000,000 from the entrance stairs installed at the Ida around April 8, 2010; and (e) KRW 100,000,000 from the entrance stairs installed at the 150,013.
2. On April 2010, the Defendant entered into a second floor office of the building JJ in Jung-gu Seoul, Jungyang-gu, Seoul, with the said victim’s “In addition, I would like to give a further subcontract to the said victim during the construction of a new H-won Housing in Gyeonggi-gu, Namyang-gu, Seoul, and 30 million won as a guard.”
However, the defendant gives a subcontract for the above timber construction work to the victim under the circumstances such as the above 1.