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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On August 2016, at C, the Defendant: (a) filed a false statement with the victim D, that “The wife has served in E; (b) so that the new company can be registered as E’s partner; and (c) so that the new company can perform pipeline installation works among the semiconductor factory enlargement works. First, after registering the domestic company as E partner, the Party F is registered as E partner, and the Party F is also registered as the subcontractor.”
However, the defendant's wife was not an employee E, and did not have a position to request the person in charge in connection with the registration of the subcontractor, and there was no particular property or revenue, so the victim's company was registered as E as E's subcontractor, and there was no intention or ability to arrange the pipeline installation works or to repay the money borrowed from the victim.
As such, the Defendant, by deceiving the victim, received KRW 2 million in the name of personnel management expenses for E employees on September 2, 2016 from the victim, to an enterprise bank account under the name of the Defendant, and received KRW 2.1 billion in total over 20 billion on March 27, 2018, as shown in the attached Table of Crimes List, from the victim, until March 27, 2018.
2. During the process of notifying the victim of the situation of the registration and the progress of the construction arrangement by the subcontractor while deceiving the victim as described in paragraph 1, the Defendant was asked to return the borrowed money if he was aware of the fact that the subcontractor had been registered and the construction arrangement had been conducted. The Defendant had the intention to forge the contract and deliver it to the victim as if the E and the victim had made the construction contract.
On March 23, 2017, the Defendant forged private documents, at the FB office in Pyeongtaek-si Building H, received the file format of the subcontract through Internet search using computers, and then “E (E) I subcontract document” in the said file.