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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] The defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court on February 10, 2017, and the same year.
6.22. The judgment has become final and conclusive.
【Criminal Facts】
The Defendant, along with the network B (Death on November 30, 2016), raised money by transferring the right to operate the brine restaurant in the construction site where the decision on the progress of construction is not confirmed. A.
On May 10, 2008, the Defendant stated that the Victim E’s husband F was transferred the right to operate a brine restaurant from the construction site B which entered into a contract for the construction work of the G Housing Site Development Project in relation to the G Housing Site Development Project, and from the 25th of the same month, the Defendant transferred the above right to operate the brine so that the victim may operate the brine, which differs in KRW 50 million.
However, the Defendant and B did not have any intention or ability to transfer the right to operate the restaurant at the construction site even if they received money from the victims because they did not enter into a subcontract on the construction site or acquire the right to operate the restaurant.
Accordingly, in collusion with B, the Defendant, by deceiving the above F as above, received KRW 30 million from the victim of the above F's wife on the 14th day of the same month as the acquisition price of the operating right, and had the victim deliver KRW 20 million to H on the same day under the same name.
B. Around August 25, 2008, the Defendant stated that “A victim K obtained the right to operate a brine restaurant from M in the construction site where L development project was conducted by Pyeongtaek-si, Nam-si, Nam-si, the Defendant: (a) obtained the right to operate the brine restaurant from M in the construction site; and (b) transferred it to the victim.”
However, the facts are as follows: B did not enter into the subcontract for the above construction work or obtain the right to operate the restaurant, and even if the Defendant was well aware of the above facts, even if he received money from the victim, he did not receive money from the victim.