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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 22, 2008, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor at the Seoul Eastern District Court on August 22, 2008, and that judgment became final and conclusive on August 30, 2008.
1. Around August 22, 2008, the defrauded made a false statement to the effect that “The Defendant, at the Defendant’s office located in Gangdong-gu Seoul Metropolitan Government Gangdong-gu, changed the victim’s KRW 20 million of the test cost to allow the victim to perform civil engineering works on the E apartment site in the time of truth-finding.”
However, in fact, the defendant did not have the intention or ability to have the victim receive civil engineering works for the above incidental unit.
The Defendant received 20 million won from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. Fraud against victim F;
A. In May 2008, the Defendant made a false statement to the effect that “The Defendant changed the victim’s removal construction of H apartment in the M apartment G in the Minman-si population G to KRW 20 million” to the effect that “the victim was ordered to remove the H apartment in the above office.”
However, in fact, the defendant did not have the intention or ability to have the victim receive the above removal work.
The Defendant received 20 million won from the victim.
Accordingly, the defendant was given property by deceiving the victim.
B. Around June 2008, the Defendant made a false statement to the effect that “The Defendant would request the victim to “the cost of removal of the factory in I in Ycheon-si” to the effect that “the cost of removal of the factory in I would be reduced to KRW 20 million.”
However, in fact, the defendant did not have the intention or ability to have the victim receive the above removal work.
The Defendant received 20 million won from the victim.
Accordingly, the defendant was given property by deceiving the victim.
C. On July 2008, the Defendant made a false statement to the effect that “The Defendant would give the victim an order for the removal of the commercial building in Busan-guJ, Busan-gu, for the removal of the commercial building, KRW 2 million” to the victim at the above office.
However, the defendant has the victim do so.