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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A’s sole criminal defendant needs to receive money on June 12, 2012 from the first floor of the building in Busan Shipping Daegu EM, Busan, and there is a need for the victim F to contract for the construction of a scrap juries in Sacheon City I, where “G (the name “H” in 2014) is newly constructed.
A false statement was made that the construction work will be executed on the face of a loan of KRW 35 million, and the loan will be made at a bank if the factory is set up, and the loan will be repaid with the bank loan by the end of October 2012.
However, the facts are as follows: (a) the Defendant did not have any particular property or income at the time; (b) the Defendant borrowed money from the injured party due to the lack of funds to carry out the construction of the junbal, and even if borrowed money from the injured party, it would be extremely improper to repay it; (c) the facts charged in which the Defendant concealed the Defendant’s money; and (d) the Defendant did not notify the injured party of the fact that “The amount of KRW 30 million out of the above borrowed money was a security deposit for performing the construction of the junbal, and KRW 5 million to K that introduced the said construction.” However, according to the records, the Defendant’s lending of KRW 35 million to the injured party, including the contract deposit amount of KRW 30 million, may be deemed as necessary for the construction, and it may not be deemed that this portion constitutes funds necessary for the construction in a broad sense.
As above, the Defendant: (a) by deceiving the victim; (b) obtained 1/30 million won of the check in front of the victim’s own right and 5 million won of the check from the victim; and (c) acquired 35 million won of the check in front of the victim’s own right.
2. The Defendants’ joint crime Defendant B may lend KRW 200 million to G. Accordingly, the Defendants proposed that part of the main apartment construction in Sacheon-siJ himself/herself take a subcontract to the business that he/she takes in and took out, and agreed with the Defendant A after obtaining consent from G.