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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On February 15, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court. On October 31, 2013, the above judgment became final and conclusive.
【Criminal Facts】
"2014 Highest 1"
1. On September 201, 201, the Defendant made a false statement that “F Co., Ltd. F (F) is responsible for this construction site” to the victim E business directors of the victim Co., Ltd. (hereinafter “F”) at the site of new apartment construction work located in Asan-si, Asan-si. In addition, the Defendant changed the amount of KRW 70 million as a fee for removal and interior work.”
However, on December 208, 2008, the Defendant was delegated with the matters concerning the selection of a collaborative company in the construction site from G of F on or around December 2, 2008, but the auction was conducted for the land and buildings in the construction site. On April 30, 2009, the Defendant purchased the land and buildings in the construction site and transferred the ownership on June 25, 2009. In civil litigation instituted by F on May 13, 2010, F was obligated to deliver the building in the construction site to Fil Mutual Savings Bank, and F was not obliged to deliver it to F, and there was no lien on F, because the Defendant was aware that the ownership of the above apartment site is a Pu Mutual Savings Bank, with the knowledge that it was a stock company, and thus, the Defendant did not have any intention or ability to remove the building site and build a test even if having received money from the victim.
The Defendant received KRW 10 million from the victim on October 201, 201, KRW 10 million on October 31, 201, KRW 10 million on October 31, 201, and KRW 50 million on November 9, 201.
Accordingly, the defendant was given KRW 70 million by deceiving the victim.
2. On December 19, 201, the Defendant entered into the I hotel coffee shop located in Echeon-si, Leecheon-si, and entered into a contract with the K director of J of the victim limited partnership company, "L", and entered into a contract with the Corporation, "O", a contractor, for the N hotel construction work in Busan Metropolitan City, which is implemented in L.