A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2013 Highest 1162]

1. On October 9, 2009, the Defendant stated that “The head of the department in charge of the purchase of construction materials shall be the motive of O in the department of the purchase of construction materials. The Defendant may supply construction materials to O by making it possible to supply them with the cost, such as 3 million won abund and drinking with the cost of street funds.”

However, while the defendant was at the time responsible for the debt of approximately KRW 60 million, even if he did not receive money from the victim because there was no certain income and property, he thought that he would return the debt or use it as the cost of living, and there was no intention or ability to use it as the expense.

Nevertheless, the Defendant, as above, made a false statement to the victim and received KRW 3 million from the victim for the same day as the street funds.

2. On October 26, 2009, the Defendant stated that “The Defendant may supply construction materials by using the cost, such as “P Group’s Q representative director, which is friendly with the P Group’s funds. It would be possible to supply construction materials to Q in Jeju-do, Q, with the cost of KRW 3 million with the cost of street funds.”

However, while the defendant was at the time responsible for the debt of approximately KRW 60 million, even if he did not receive money from the victim because there was no certain income and property, he thought that he would return the debt or use it as the cost of living, and there was no intention or ability to use it as the expense.

Nevertheless, the Defendant, as above, made a false statement to the victim and received KRW 3 million from the victim for the same day as the street funds.

3. On November 5, 2009, the Defendant called “The Defendant called “the P Group Q Qc and meals at a restaurant located in R” by posting a telephone to the victim L on November 5, 2009. In order to use it as meal expenses, KRW 500,000 shall be changed.”

However, the defendant, at the time, was liable for approximately KRW 60 million, while he did not receive money from the victim because he did not have certain income and assets.