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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant from around 2014 to the present date C Co., Ltd. (hereinafter referred to as “C”).
A director who is in office and is in charge of field management and business affairs.
The Defendant, at around 15:00 on December 24, 2014, phone calls to the victim D and sent KRW 20 million to the Corporation’s reserve funds, would compel C to perform electrical construction among the “E” new construction works in preparation for construction works at the Chungcheong port (hereinafter “the construction of new housing”).
The borrowed money will be paid as if it were paid for the future electrical construction.
“False speech was made to the effect that it was “.”
In fact, the defendant did not have any intention or ability to contract electrical construction among the new construction works of the port house in which C is proceeding.
Nevertheless, the Defendant, by deceiving the victim, was issued KRW 5 million to the Agricultural Cooperative Account in C’s name.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Statement made in the police statement protocol with D;
1. Each description of a copy of a subcontract contract for construction works, a business registration certificate, and a remittance statement (the defendant and defense counsel shall deny the intention of deception;
However, in light of the following facts recognized by the evidence adopted by this Court, it can be sufficiently recognized that the accused has the intention to obtain the fraud.
① From the beginning, F, a director of C, was expected to undertake the construction work from the beginning. In fact, C received the above construction work on November 12, 2014, and subcontracted the entire construction work to F.
② Nevertheless, on December 24, 2014, the Defendant subcontracted electrical construction among the newly-built housing construction works, and demanded the victim to pay KRW 20 million under the name of the Corporation’s reserve, and received the transfer first five million.
(3) The defendant.