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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[2013 Highest 7008]
1. Around August 2012, the Defendant made a false statement to the effect that, in return for the stable supply of lighting equipment products to the Defendant from D office operated by the Defendant in Jung-gu Seoul Metropolitan Government, the Defendant would make a prior payment in cash, to supply KRW 50 million to the Defendant from F Co., Ltd., which is operated by the injured party E, with the amount of KRW 10 million to support KRW 100 million, and that the price for the goods will be paid in cash.
In addition, on September 2012, the Defendant ordered 34,650,000 LED lamps 2,00 won to sell money to the victim who received a request from the injured party for the payment of goods.
The National Sports Promotion Fund made a false statement to the effect that the subsidy of KRW 500 million will be avoided.
However, the defendant did not have the ability or intent to make a preferential payment in cash to the victim as well as the goods payment due to the difficulties in the operation of the company, and the land is not owned by the defendant, but is not in a situation that can receive the National Sports Promotion Fund.
Nevertheless, the Defendant received 2,00 LED lamps equivalent to 34,650,000 won from the injured party and acquired them by fraud.
2. At the end of November 2012, the Defendant made a false statement to the victim G with the knowledge of the victim’s power in Korea and the personnel team leader of the Korea-Road Corporation at the time of the entry cost that he/she would give him/her employment in Korea by requesting him/her to find employment in Korea.
However, even if the defendant received money from the injured party, he did not have any intention or ability to find employment in the above company.
Nevertheless, on December 9, 2012, the Defendant, through H, obtained a total of KRW 6 million, including KRW 5,000,000 in front of the check and KRW 1,000,000 in cash, from the injured party through a coffee shop where the trade name in the new village of Mapo-gu Seoul Metropolitan Government cannot be known.