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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On July 8, 2010, the Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court for a violation of the Attorney-at-Law Act, and the judgment was finalized on December 23, 2010.
1. On September 25, 2009, the Defendant made a false statement to the effect that “The principal and interest will be repaid one month after lending KRW 40 million to the victim” at the Ecafeteria operated by the victim D in Jung-gu Seoul Metropolitan Government.
However, the defendant did not have any intention or ability to complete payment even if he borrowed money from the victim because he did not have any sales or net profit of F Co., Ltd. which the defendant operated at the time.
The Defendant received 37 million won from the victim to the national bank account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 29, 2009, the Defendant made a false statement to the victim I on September 29, 2009, stating that “The Defendant would change KRW 100 million of the contract performance guarantee to obtain a subcontract for the soil and sand transportation business from the reclamation works of the Gyeonggi-do Pyeongtaek-gun District Base Project Bureau.”
However, the defendant did not have the intention or ability to allow the victim to receive a subcontract for the soil transportation business related to the reclamation work of the military base team.
The Defendant received from each Defendant’s national bank account (G) the sum of KRW 50 million from the victim, namely, KRW 50 million, KRW 10 million on October 13, 2009, KRW 40 million on November 12, 2009, and KRW 100 million on November 12, 2009.
Accordingly, the defendant was given property by deceiving the victim.
3. On October 2009, the Defendant made a false statement to the Victim K at the F Office, Inc., 602, Jung-gu, Seoul, Jung-gu, Seoul, to the effect that “The Defendant was awarded a contract for the reclamation work of Chungcheongnam-gu L reclamation work from the LH Corporation. The Defendant changed the contract deposit of KRW 130 million to the subcontract deposit of the construction work.”
However, the defendant did not have the intention or ability to subcontract the reclamation work to the victim.
The Defendant, from the victim on October 14, 200, KRW 30 million, KRW 20 million on October 15, 2009, KRW 20 million on October 15, 2009, and KRW 0 million on October 20, 2009.