A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On June 1, 2007, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Gwangju District Court, and completed the execution of the sentence on July 12, 2008. On November 14, 2012, the judgment became final and conclusive on November 22, 2012 by imprisonment with prison labor at the Gwangju District Court.

[Criminal facts]

1. On August 25, 2009, the Defendant against the victim B was awarded a subcontract for the construction of the F building in Gwangju Mine-gu to the victim B, who had the vice president of the (ju) E at the office of Gwangju branch, located in the Seoul Northern-gu C and the third floor.

The false statement was made as follows: “The KRW 10,000,000 shall be changed under the name of the deposit for the performance of the thesis contract to enable the installation of machinery and equipment and installation works.”

However, the Defendant did not have been awarded a subcontract for the construction of the building and did not have any economic capacity to undertake the subcontract. Therefore, even if the Defendant received the above KRW 10 million from the injured party, the Defendant did not have the intent or ability to subcontract the construction of the machinery and equipment of the building.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 10 million from the victim to the G bank account under the name of the Defendant on the same day.

2. On October 19, 2009, the Defendant against the victim H, along with I, is the head of the site office at the K Construction Office located in the J of Gwangju Northern-gu, Gwangju-gu, and the Defendant is the victim to remove “five kimchi factories located in Gyeongnam-gun L.”

This is equivalent to KRW 20 million, and first, it is intended to give a scrap metal of KRW 6 million as a down payment.

“Falsely speaking,” and I prepared a contract in the name of M without authority.

However, there is no fact that M has decided to carry on the business of removing 5 kimchi factories in Gyeongsung-gun L, and I had no connection with M. Therefore, even if the defendant and I received money from the injured party, the defendant and I did not have the intention or ability to reduce the scrap metal to the injured party.

As such, the Defendant conspireds with I to make a victim.