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A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than six months for each crime of No. 2 of the judgment of the court below.
Reasons
Punishment of the crime
[Criminal record] On August 14, 2013, the Defendant was sentenced to a suspended sentence of four months for criminal fraud by the Chuncheon District Court, and the said judgment became final and conclusive on August 22, 2013.
[Criminal facts] 【2015 Highest 756】
1. On May 9, 2015, the Defendant committed fraud against the victim D at the construction site of the interior of a building E and F in the city of Won-si on May 9, 2015, and sought to construct an artificial test with respect to the victim D’s “this building is to be built, but to the 230 square meters of the 2-4th floor.”
B. First of all, on May 31, 2015, the loan was made by means of a false statement stating that the loan shall be repaid until May 31, 2015, and the said interior work shall be subcontracted in an amount equivalent to 4.60 million won of the construction cost.
However, the Defendant entered into a contract to purchase the above building from G on February 2015 and was urged by G to pay the balance of KRW 70 million until April 10, 2015, which was the date of such payment. However, the Defendant did not have any particular income under the bad credit standing at the time, and even if receiving the loan from the injured party, there was no intention or ability to change it on the date of promise.
Nevertheless, on May 11, 2015, the Defendant transferred KRW 50,000 to the Agricultural Cooperative Account (I) in the H name designated by the Defendant.
After all, the Defendant acquired pecuniary benefits by deceiving the victim.
【2015 Highest 940】
2. The Defendant against the victim J, etc. is the person in charge of the construction site of the K K main apartment construction site at the prime city, and L is the representative of M Co., Ltd., the said construction construction business chain.
The Defendant and L shall invite the Defendant to borrow money on the condition that they subcontract the above K K-based apartment construction, and L shall prepare a power of delegation to the Defendant to delegate all the authority to select a subcontractor for the above construction, and the Defendant shall receive a loan equivalent to KRW 9 billion from the victim J in the above K-based apartment construction site office around June 15, 2012.