A person shall be punished by imprisonment with prison labor for not less than ten months and by imprisonment for not more than two months with prison labor for a crime set forth in the judgment of the defendant.

Punishment of the crime

[2] On December 12, 2007, the Defendant was sentenced to 10 months of imprisonment due to occupational breach of trust, etc. by the Incheon District Court, and completed the execution of the sentence in the Incheon Detention House on February 19, 2008. On October 13, 2011, the Defendant was sentenced to 5 months of imprisonment for a crime of fraud, etc. from the Incheon District Court’s Vice Branch Branch, and the judgment became final and conclusive on February 22, 2012.

[Criminal facts]

1. On November 27, 2008, the Defendant made a false statement to the effect that “The Defendant would be ordered to permit the Defendant to carry out civil works on a golf course, etc. at the J office operated by the victim I located in Pyeongtaek-si H.” (hereinafter referred to as “J office”).

However, even if the defendant receives money from the injured party, he did not have the intention or ability to receive civil engineering works.

As such, the Defendant, by deceiving the victim, received KRW 1,00,000 from the damage victim to the K account under the name of the Defendant in terms of the same day as the activities expenses for receiving orders for construction works on the same day, and took over KRW 81,450,00 in total by the same method over 76 times from around that time to November 13, 2012, as shown in the attached crime list, as shown in the attached crime list.

2. On May 4, 2009, at the above J office around May 4, 2009, there is insufficient deposit money to be paid to the above victim for a director.

A false statement was made to the effect that a person would receive and repay a loan with money.

However, in fact, the Defendant was receiving KRW 2 million from the above J at the time, but did not have any other property, and was punished due to the crime of taking property in breach of trust, etc., and did not pay an additional charge of KRW 89 million. Therefore, there was no intention or ability to pay the said amount even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received 20,000,000 won from the victim to the K account under the name of the Defendant on the same day as the loan money from the victim.

Summary of Evidence

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