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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around 11:00 on June 1, 201, the Defendant entered into a standard contract for private construction works with D at the construction site office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Cheongyang-gun, for the following reasons: “D, the representative director of the victim company, shall be the representative director of the victim company,” or “the amount of KRW 40 million shall be changed to the te new construction work contract deposit to be carried out; and D at the same place on July 6, 2011, “the amount of materials shall be changed to advance payment to be made.”
However, in fact, the Defendant had no particular property at the time and had to return KRW 23 million out of the amount received as a separate construction cost from F, and there was no intention or ability to undertake the said apartment construction work due to the lack of construction cost, as there was no other construction site and there was a lack of construction cost, making it difficult for the Defendant to procure the construction cost.
The Defendant, by deceiving D as such, received from the victim company the sum of KRW 10 million on June 15, 201 from the victim company to its own account, KRW 25 million on June 23, 201, and KRW 40 million on June 24, 201.
2. On August 31, 201, the Defendant against the victim G issued a written request to the victim G to “a re-subcontract by means of changing the name of the participant in the H project (hereinafter “instant construction”) and a change in the name on or before August 31, 201, to the victim G prior to the Seocho-si Office of Kimpo-si, Kimpo-si.”
However, the Defendant, around July 18, 201, received sub-subcontracts in the form of construction participants from Dongbu Construction Co., Ltd., and agreed to transfer or succeed to the instant construction to a third party, and thus, the Defendant did not have any intention or ability to transfer the instant construction to a third party.
The Defendant, as above, deceiving the victim and deceiving him from the victim, Kim Jong-si around August 29, 201.