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1. Defendant A shall be punished by imprisonment with prison labor for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A on November 1, 2016, who was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on August 1, 2016, and the sentence was finalized on February 18, 2017, and was in the position of the president of the Dispute Resolution Bank from July 201 to January 201.
On December 8, 2010, B, a representative director of C, was awarded a subcontract for the construction of the above factory from the above company under the condition that B, upon being aware of the fact that the construction was suspended due to the lack of fire and construction cost with the existing contractor while the construction of the new factory was being conducted by the above company and tried to prepare the construction cost by arranging the guarantee of the Credit Guarantee Fund and the bank loan around December 8, 2010, and the defendant A had a sub-subcontracted the re-subcontracted company.
Defendant
A, from around December 2010 to early January 201, 201, from around 2010 to around 12, 2010, to find the victim E as the victim's office located in the Gu of the Gyeonggi-si, a member of the Gyeonggi-si, and the victim "the F Cooperation Corporation has a new construction corporation in the Gyeonggi-si, which is in the first, second, and third-lane, in the Gyeonggi-si, and the guarantee letter of KRW 3 billion in G has already been continued.
Around January 6, 2011, our company made a false statement to the effect as above to the victim E in the above-mentioned office of the Dispute Resolution Resolution Co., Ltd. that it is necessary to make a subcontract for construction with the contractor who was in charge of the construction work first before the company is in charge of the construction work. Around January 6, 2011, it received KRW 40 million from the victim’s I bank account (Account Number:J) in the name of Defendant A, the land manager of the company in charge of the construction work.
However, in fact, there was no letter of guarantee issued by the Korea Credit Guarantee Fund for the above construction project, and the construction project was not carried out as a result of the lack of construction cost due to the lack of the loan, and even if the defendant A received money from the injured party, he did not intend to use it as the liquidation cost with the previous contractor.
Accordingly, Defendant A is the defendant.