Text
A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
【2016 Height166】
1. The Defendant is a person who operates the LABD established for the purpose of construction business in the case of strike.
In around 2004, the Defendant intended to implement a new construction of the hanok Village with approximately 130 households for the construction of the hanok in approximately 25,000, but due to the shortage of funds, the Defendant failed to complete the purchase of the project site required for the construction of the hanok Village. Accordingly, the construction of the hanok Village was not commenced due to the failure of the competent authority to obtain authorization or permission required for the construction of the hanok Village. Therefore, even if the Defendant received money from other persons for the purpose of operating the Han-style Village under the pretext of the construction of the foundation, the reinforcement of the soil, or the operation of the Han-style Village (a simple restaurant installed at the construction site), he did not have any intent or ability to permit them to perform such construction, or to have them operate the cafeteria.
Around March 19, 2008, the Defendant committed the crime against the Victim F, the Defendant made a false statement to the Victim F that “The Victim F would attempt to leave the Korea-style Village in E. In the construction of the Korea-style Village, I would like to reduce the construction of the foundation among the construction of the Korea-style Village.”
As above, the Defendant, by deceiving the victim as above, received KRW 13 million from the account under the name of the Defendant in consideration of the lower court’s request for the construction of the foundation for the same day from the victim, and received KRW 60,9 million in total over 13 times from that time until December 14, 2009, as shown in the attached crime sight table 1.
B. Around September 20, 2012, the Defendant committed the crime against the victim H stated that “A victim H wanted to go to the Han-style Village in E. Around September 20, 2012. The Defendant made a false statement with the victim H that “I would go to go to the Han-style Village. I would at the construction site of the Han-style Village to operate the
The Defendant, as above, was urged by the victim, and was given KRW 13 million to the Agricultural Cooperative Account in the name of the Defendant in consideration of the operation of the restaurant on the same day from the victim.