사기
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
In order to operate a hotel with the same trade name by remodelling the building of the existing accommodation facility around March 2014, the Defendant purchased the first underground floor and the sixth floor above the ground in Seojin-gu Seoul Metropolitan City.
On January 6, 2015, the Defendant concluded a business contract with the victim E (the 47-year-older) (the 1.6 billion won-older) who was aware of such fact, to enter into an investment agreement with the victim E (the 1.6 billion won-older) (the 1.6 billion won-older), stating that “When completing remodeling construction works to purchase the F building, it is possible to open the F building from the end of March or April, the opening of the business from the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the largest sales to divide profits.” On February 6, 2015, the Defendant, at the same office around February 6, 2015, “the finishing of the F building requires two months-month construction, and the expenses to the extent that it would have already been invested in the said remodeling work.”
However, the actual purchase price of the above hotel building was less than 1.1 billion won, and most of the 300 million won received 300 million won, but it was thought that it was used for the defendant's repayment of personal debt, such as repayment of debt of 100 million won to G, operation funds in C, and living expenses with the wife in B, and thus, it was not said that it was not true, and there was no intention or ability to start hotel business by completing remodeling construction within two months.
The Defendant deceptioned the victim by such a method, and received KRW 200 million from the victim through the H account in the name of the remodeling construction cost.
Accordingly, the defendant acquired 200 million won from the victim.
Defendant
In addition, the defense counsel asserts that the defendant did not have the intention of deception or deception against the victim.
The following evidence duly adopted and examined by this Court.