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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On September 25, 2008, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court on September 25, 2008, and the sentence became final and conclusive on October 3, 2008.
[2] On March 22, 2006, the Defendant issued KRW 30 million to the victim D’s right to operate a brine restaurant at the site of the E terminal construction site at the office of the 2006 Gwangju-si Btel 608 C, Inc. and received delivery of KRW 30 million.
However, the above E Terminal Corporation was suspended since its business license was revoked in excess of the sales area by the Board of Audit and Inspection in 2002, and its financial status was extremely difficult at the time of receiving money from victims, such as the failure to pay office rents and public charges. After the discontinuance of the construction, it was unclear whether the existing executor and the contractor could proceed with the construction. On November 2005, E Terminal site was acquired by the FF Corporation, a new executor through the public sale procedure, and the victim did not have the intent or ability to grant the right to operate the restaurant.
Nevertheless, the defendant deceivings the victim as above and obtained 30 million won from the victim and acquired it by fraud.
[2] The Defendant, from October 19, 2004 to April 7, 2005, was in office as a director of the victim C corporation and was in general in charge of the construction and sale of the above terminal.
1. On October 22, 2004 and October 29, 2004, the Defendant’s occupational embezzlement on and around October 22, 2004, and the Defendant received KRW 50 million out of KRW 50 million from I, the representative director of H, who wishes to acquire the right to sell the terminal after completion of the terminal construction work, from the victim’s office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, in order to obtain the right to sell the terminal after completion of the terminal construction work, and keeps it for the victim, and then arbitrarily consumes it for the victim.