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A defendant shall be punished by imprisonment for one and half years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Justice] On August 23, 2018, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud at the Changwon District Court, and the judgment became final and conclusive on August 31, 2018.
【Criminal Facts】
Around October 29, 2015, the Defendant called “2018 Highest 1731” to the victim B (a person aged 61) at a place where it is not known to him/her around October 29, 2015, and newly constructed a hotel at D in Yan City, Yan City while operating a stock company C. When lending KRW 100 million with the cost of new hotel construction, he/she would obtain a loan of PE and repay within one month with the cost of new hotel construction, and make him/her supply of PE prior, etc. upon completion of the hotel construction.
However, in fact, the defendant did not enter into a contract with the Corporation at the time with regard to the above hotel construction, and did not pay 80,000,000 assistance vehicles, which are the conditions of permission for construction of the hotel construction for the hotel construction, so it was not possible to obtain the PF loan within one month, and since he was liable for the debt amounting to approximately KRW 1,50,000,000 without any property, even if he borrowed KRW 100,000 from the victim, he did not have
Nevertheless, around October 30, 2015, the Defendant received KRW 100 million from the victim via the E Bank Account (Account Number:F) in the name of C Co., Ltd.
Accordingly, the defendant was given property by deceiving the victim.
On February 2, 2017, the Defendant made a false statement to the victim H, who operates a sales agency at the office of Kimhae-si G and the office of the corporation with the second floor of the 2nd floor, stating that “The construction of a hotel is being carried out in Da in Yan-si. The payment of KRW 100 million is changed under the name of the thesis deposit in which the sales agency is granted.”
However, in fact, the defendant did not enter into a contract with the corporation at the time with regard to the above hotel construction and did not pay the charges for diversion of farmland, which is the condition of building permission for the hotel construction.