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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 1, 2015, the Defendant would receive a contract for construction works from the U.S. military unit from the victim D in the front restaurant of the U.S. military unit located in Yongsan-gu Seoul, Yongsan-gu, Seoul.
“.......”
However, even if they receive money from the victims of fact, they did not have the intention or ability to accept the construction contract within the military unit, and they thought to be used arbitrarily for personal purposes.
The Defendant, by deceiving the victim as such, was transferred KRW 1,650,000 to an enterprise bank deposit account in the name of the Defendant Company’s employee, in the name of the Defendant Company’s employee, from the victim to the victim on February 10, 2015, and received on or around February 16, 2015, a corporate credit card in the name of the victim Company.
2. From around 23.
3. By the day of February 27, 200, the amount equivalent to KRW 1,792,518 was settled, and around February 17, 2015, received KRW 3,000,000 from the said deposit account as a business expense for construction works in the military units of the United States, and received USD 30,000 on March 4, 2015.
In this respect, the defendant, by deceiving the victim, received property and acquired property benefits.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each letter (five pages of investigation records), inquiry of the results of transfer ( nine pages of investigation records), application of Acts and subordinate statutes on approval details of corporation cards (12 pages of investigation records);
1. The relevant legal provisions on criminal facts and the grounds for sentencing under Article 347(1) of the Criminal Act on the selection of punishment [the scope of punishment] : From January to ten years; [the type of punishment]; general fraud; [the scope of the sphere of recommendation]; the basic area of Article 1 (less than KRW 100 million; six months to one year [the scope of the sphere of recommendation]; [the decision of sentence] the defendant will help the victim to commission work within the military unit.
In return for the promise to receive money from the damaged party, the money received from the injured party without implementing such promise.