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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 2, 2010, the defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seogu District Court Branch of the Daegu District Court on December 2, 2011 and the above judgment became final and conclusive
1. On July 9, 2008, the Defendant had access to the victim F at the E office located in Daegu-gu Seoul Metropolitan Government D Co., Ltd., Ltd., Ltd., Ltd., the Defendant made a false statement that “The Defendant borrowed KRW 30 million to lend KRW 5,000,000,000,000,000 to remove the site of the Jeju-si apartment reconstruction project performed by C and to reduce the residual disposal work.”
However, from around 1994, the Defendant, while operating a construction company, did not pay any particular profit or bear only KRW 400 million and did not pay any loan, did not have any ability to operate the construction company or private teaching institute, such as the operation of a private teaching institute, operation of a small-scale construction business through borrowing from the name, participation in the manufacture of cell phone parts, etc., but all of them did not have any ability to operate the construction business or private teaching institute, and there was no possibility of success due to lack of business ability and feasibility. At the time, the Defendant did not have any property owned by the Defendant and there was no intention or ability to pay the loan even if he did not receive any money from the victim because he did not have any financial obligation and the amount of debt exceeds KRW 400 million
Ultimately, the Defendant, by deceiving the victim as such, received 30 million won from the victim, who was in his seat.
2. On June 3, 2009, the Defendant, who was in office as the representative director of the above C Co., Ltd., made a false statement that “If 4 million won is leased to the victim F, she would transfer the shares and reconstruction business rights of the C Co., Ltd.” to the victim F.
However, the Defendant did not have the intent or ability to repay the borrowed money due to the foregoing circumstances.
In conclusion, the defendant deceivings the victim as such, and is 4 million won from the victim's seat.