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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 14, 2006, the Defendant was sentenced to a suspended sentence of ten-month imprisonment for a crime of fraud at the Daegu District Court, which was sentenced to a suspended sentence of ten-month imprisonment, and the above judgment was finalized on June 22, 2006. On November 27, 2009, the Daegu District Court sentenced a suspended sentence of two-year imprisonment for a crime of fraud at the Daegu District Court on August 27, 2009, and the above judgment was finalized on December 5, 2009
On April 14, 2006, the Defendant told the victim E to comply with the removal work of the G factory site located in the G factory site located in the Gyeongsan-si, Daegu-gu, Dasan-gu. The Defendant said, “If the Defendant lent KRW 20 million as the down payment for the construction work, he sold the scrap metal coming from the construction site and sold KRW 40 million, and would allow the removal work at the site of the removal work.”
However, in fact, the Defendant did not formally receive a subcontract for the removal work, and did not think that it would be used as the down payment for the above construction work, even if he receives the above construction work, he did not hold a license for the removal work and could not carry out the removal work properly because it did not have any capital, such as human resources and equipment necessary for the removal work. While the Defendant did not have any special profits, the Defendant did not have any intention or ability to repay it even if he borrowed money from the victim because he was under demand for the repayment of the amount of KRW 30 million from the obligees.
Accordingly, the Defendant received KRW 70,000,000 from the victim by deceiving the victim, and received KRW 10,000 from the account in the name of his wife I, and received KRW 9,30,000 from the Daegu bank account in the name of the Defendant and KRW 20,000,000 in total.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of suspect to J;
1. Statement of the prosecution concerning K;
1. Statement of each police statement on E and L;
1. A copy of the written agreement or a copy of the loan certificate;
1. E/S a statement of transactions in the passbook, A statement of transactions in the passbook, I copy of the passbook;