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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On October 11, 2012, the defendant was sentenced to a suspended sentence of two years in 1 year and six months, and the judgment was finalized on October 19, 2012.
1. Around May 2010, the Defendant made a false statement to the victim E that “AF apartment-type factory construction project is being carried out at the (ju) D office located in Yeongdeungpo-gu Seoul Metropolitan Government, and the operating fund is required. If the operating fund is the prime cost, the Defendant would be able to enter into a contract with the contractor selected at the face of the operating fund with the number of creative construction works equivalent to KRW 3.2 billion.”
However, in fact, the Defendant was in the status of obtaining construction permission related to the construction of the above factory on August 8, 2008, but it was not completely selected as a contractor because it was impossible to achieve the pre-sale rate demanded by the sports infinite and the contractor until the above two years passed on the date, and therefore, the normal progress of the business is very poor and there was no intention or ability to make a contract with the victim to enter into a contract with the number of creative construction works even after receiving money from the victim, the Defendant once received money from the victim and was planned to use it for the employee's monthly wage, the office rent, etc.
Accordingly, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the Han Bank account in G on August 26, 2010 and received KRW 150 million from December 21, 2010.
2. Around September 2010, the Defendant made a false statement to the effect that the victim H would enter into a contract with the construction company on a face-to-face basis with the number of creative construction works equivalent to KRW 3.2 billion.
However, for the same reasons as in the preceding paragraph, the defendant agrees to conclude a contract with the number of creative construction works with money from the victim.