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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On July 11, 2013, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Busan District Court on September 12, 2013, and the judgment became final and conclusive on September 12, 2013.
【Criminal Facts】
The defendant was a representative director of C corporation established for the purpose of aggregate extraction business, etc. in Busan Dong-gu B.
1. Around May 30, 201, the Defendant entered KRW 17 million in the office of C Co., Ltd. (hereinafter “C”) with the victim E, who operates the soil industry chain D Co., Ltd., the Defendant ordered the Plaintiff E to collect soil from the F and three lots of land in the G Co., Ltd. and put it into the G Co., Ltd. at the time of G Co., Ltd.. (hereinafter “Egra-si”), with the intention to make a subcontract for the transport of Matop.
However, in fact, the defendant did not have been able to give a subcontract for the transport of Mastop.
Around May 30, 201, the Defendant acquired money from the victim through the post office account (number: H) in the name of the Defendant, KRW 10 million through the agricultural bank account (number: J) in the name of the Defendant on the same day, and KRW 2 million through the said post office account in the name of the Defendant on June 13, 201, and KRW 5 million through the said post office account in the name of the Defendant on June 13, 201, and acquired money by fraud.
2. Around July 22, 2011, the Defendant entered into a false statement with the purport that “Around July 22, 2011, the Defendant, in the office of C Co., Ltd., collected soil from the F and three parcels of land in the Gimhae-si, transported aggregate to K at the time of Jinhae-si, and supplied L Aggregate to the Jeju Naval Base.” This would change the lending of KRW 13 million for the subcontract.”
However, the defendant did not have any intention or ability to subcontract the construction work to the victim because he did not receive the above construction work.
As above, the Defendant, from the victim on July 27, 201, via the above post office account under the name of the Defendant around July 27, 201, and around August 17, 201, is the above post office.