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The crimes provided for in Articles 2 through 4, 6 through 11 of the Judgment shall be punished by imprisonment with prison labor for the crimes provided for in Articles 1, 5 and 12 of the Decree.
Reasons
Punishment of the crime
[Attachment] On October 13, 201, the Defendant was sentenced to a suspended sentence of two years for a crime such as fraud at the Seoul Eastern District Court on June 201, and the said judgment became final and conclusive on December 29, 201.
[2012 Highest 2892]
1. Around January 2009, the Defendant made a false statement to the victim C that “The Defendant would remove the FFF Cooperative farm building and carry out G apartment construction at the Gangnam-gu Seoul Metropolitan Government Office E (hereinafter “E”)’s office located on the sixth floor of the D Building in Gangdong-gu Seoul Metropolitan Government. The Defendant would be able to carry out the removal construction at the latest within six months of the commencement of the construction of the G apartment.”
However, the fact does not have the ability to implement the project because the purchase of the land at a certain ratio required for the approval of the project was not completed, and it was not possible to purchase the remaining land, so there was no intention or ability to permit the removal of the land even if it was paid money from the
The Defendant, by deceiving the victim as such, received KRW 50 million from the victim on January 6, 2009, KRW 20 million on or around February 24, 2009, KRW 100 million on or around March 3, 2009, KRW 30 million on or around March 17, 2009, KRW 7 million on or around April 30, 2009, and KRW 1 million on or around July 10, 2009, respectively, from each remittance of KRW 28 million on or around July 10, 209.
[2014 Highest 2631]
2. The Defendant committed the crime of fraud against the victim H did not have any factual verification of the gold bars in the underground economy, referring to the inner term, around December 2012, and did not have any intent or ability to purchase the gold bars equivalent to three billion won.
Nevertheless, on December 15, 2012, the Defendant purchased gold bars in the middle-gu Seoul Metropolitan Government I from the J Office, Jung-gu, and then there is a benefit of KRW 600,700 to KRW 700,000 if the Defendant purchased gold bars in the underground economy from the victim H.
K left down the down payment of KRW 3 billion from the bond company in order to borrow money from the bond company, and K will receive the deposit of KRW 3 billion from the bond company and purchase the gold with the deposit.