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Defendant
A shall be punished by imprisonment for a period of two and a half years, and imprisonment for a period of six months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
"2015 Highest 2254"
1. Around February 24, 2009, Defendant A said, through F, G, which was known to Pyeongtaek-gun, Chungcheongnam-gun, and F and G, Defendant A said, “The victim H would have the right to use soil and sand among the new harbor construction works in the port of distribution, and would have the right to use soil and sand, and would have the right to use soil and sand. If an investment of KRW 500,000,000 is made, Defendant A would have the right to transport soil and sand coming from the site of construction on a preferential basis.”
However, there was no intention or ability to transfer money from the victim even though the defendant did not have the right to transport earth and sand in connection with the construction of the new harbor.
As such, the Defendant, by deceiving the victim, received KRW 120 million from the victim through the Agricultural Cooperative Account (I) in the name of G on the same day, and acquired it, and acquired it by fraud. From around that time to August 8, 201, the Defendant received total sum of KRW 22,514,840,00 from the five victims total sum of KRW 200,51,000,000 from around 20 to August 1, 201, such as the list of crimes 1.
2. At around 14:00 on November 7, 2009, Defendant B stated that “In order to transport earth and sand occurred in the fourth industrial complex construction project, Defendant B borrowed money to use for the opening cost of the office and operating expenses of the office.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to subcontract road works, and there was no intention or ability to pay the money borrowed from the office opening costs and operating expenses.
The defendant deceivings the victim as such and receives 23 million won under the name of opening expenses and operating expenses of cash offices from the victim's seat. On December 3, 2009, the defendant's new bank.