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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. In the office of the defendant around October 2005, the defendant stated that "I would like to jointly perform the above construction work at the Dogsan Agricultural and Marine Products Center, which is located in the office of the defendant 202 of the Gu C building 202, "I would like to be able to jointly perform the above construction work if I would like to be incurred. I would like to say that I would like to be the representative director of Eul and Igsan 15-5 of the Dogsan-si, Hagsan-si, Hagsan-si."
However, the defendant did not have any intention or ability to execute the above construction work even if he receives expenses from the victim because he did not conclude a contract for the above construction work with the following third party corporation.
Nevertheless, the Defendant, as seen above, fraudulently concluded a false statement to the victim and received KRW 2 million from the victim to the G deposit account on October 7, 2005, KRW 2 million to the same account on November 1, 2005, KRW 500,000 to the same account on December 15, 2005, and KRW 4 million to the Defendant’s deposit account on December 21, 2005, respectively, and acquired KRW 1,500,000 in cash over four times thereafter.
2. On April 25, 2006, the Defendant stated that “The Defendant would pay the cost of construction KRW 19 million to the victim J, who is the removal construction business entity, in the first house site office located in H at the time of G in Gyeonggi-si.”
However, the defendant did not have the intent or ability to pay the construction cost even if the defendant had the victim do the removal work.
Nevertheless, the Defendant made a false statement to the victim, and caused the victim to perform removal works for about 10 days from that time, but did not pay the construction cost, thereby acquiring property benefits equivalent to KRW 19 million.
3. On November 1, 2006, the Defendant was the victim, who was the branch guard room in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 105-dong.