A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On July 14, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement and two years of suspension of execution on the 22th of the same month at the Incheon District Court Branch Branch, and the judgment became final and conclusive on the 17th of the same month. On November 17, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. in the Incheon District Court Branch Branch Branch, and on February 13, 2012, the said judgment became final and conclusive and the said sentence of suspension of execution becomes void and the execution of the said sentence is terminated in the Incheon Prison Prison on November 16,

[2013 Highest 7239]

1. On February 18, 2013, the Defendant made a false statement to the effect that “The Victim K was awarded a contract for the construction of a new housing complex facility (office) in the Seoyang-gu Incheon Nam-dong Office for Industrial Development at the third floor of the 664-7 Gosi-dong, Nam-gu, Incheon, for the construction of new facilities among the new construction works, he would give a subcontract for the construction of windows, glass, metal construction, fire fighting, and machinery and equipment construction. Of the construction works, the Defendant would be able to re-subcontract the construction cost of KRW 10 million to another business operator on his own by re-subcontract the construction cost of KRW 10 million to the other business operator.”

However, even if the defendant receives expenses from the victim, he did not have the intention or ability to subcontract the above construction work to the victim.

Nevertheless, on February 20, 2013, the Defendant deceivingd the victim as above, and received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.

2. On March 14, 2013, the Defendant entered into a false statement that “In order to extend the sports center to the said victim’s office No. 868, the Korea Youth Movement Association of Seongbuk-gu, Seongbuk-gu, Seoul, to extend the sports center on six parcels,” the Defendant would subcontract the construction of approximately KRW 10 billion during the said construction. If the Defendant borrowed KRW 10,000,000,000,000 to KRW 10,000,000,000,000,000,000, not later than April 2, 2013.”

However, even if the defendant borrowed money from the victim, he did not have an intention or ability to repay the above construction on the date of the subcontract or promise.

Nevertheless, the defendant deceivings the victim as above.