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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On November 12, 2016, the Defendant committed the crime of November 12, 2016, at the Sungsung City B building and the “D office” office in the Defendant’s operation, the victim E made a false statement to the effect that “The Defendant is conducting a district development project at the FF unit, entering into a contract for reclamation works, and show a reclamation business operator who entered into a contract with a performance guarantee amount of KRW 80,000,000,000,000,000,0000,000,000 won as of November 30, 2017, and would allow the victim to execute reclamation works.”
However, in fact, the defendant thought that he would use the money received from the victim due to the shortage of the company operation funds at the time of the shortage of the company operation funds, and therefore, even if he received KRW 80 million from the victim, he did not have the intention or ability to allow the existing reclamation business operator to execute reclamation works or return the above KRW 80 million to the victim.
Nevertheless, the Defendant acquired the total amount of KRW 80 million from the victim to the same account on the 23th day of the same month with G account (Account Number: H) in the name of the operator of a reclamation contract in the same day, 20 million won with the same account on the 24th day of the same month, and 50 million won with the same account on the 24th day of the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 12, 2017, the Defendant committed the crime of January 12, 2017, at the office listed in the above Paragraph 1, the Defendant made a false statement to the effect that “First of all, the Defendant presented to the victim the previous reclamation business operator, if the reclamation business operator demands to increase the amount of money, 120 million won with the additional performance guarantee, and then, he/she would be able to execute reclamation works from the beginning of February 2017, 2017. The sum of the performance guarantee previously received will return KRW 200 million later.”
However, in fact, when the existing reclamation business operator refuses to destroy the contract, the Defendant received money from the victim due to the shortage of operating funds of the company at the time.