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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 17, 2013, the Defendant entered into a new housing construction contract with the victim C who reported and contacted the Internet advertisement at the “E” office operated by the Defendant with the wife population D building 202, and with the victim C and the Gyeongbuk-do Neve Group F site with the building size of about 89 square meters at approximately three months of construction period, the total construction cost of KRW 108,915,000, and the said construction work would normally be carried out, and the Defendant demanded down down payment, construction cost, and construction cost.
However, in fact, even if the defendant had already borne a large amount of debt and received the above money from the injured party, he did not have an intention or ability to normally perform the above construction work.
As such, the Defendant, by deceiving the victim, obtained a total of KRW 65,207,50, including KRW 56,36,00 in terms of construction cost and construction cost around May 22, 2014, from the victim, to the head of the agricultural cooperative bank in the name of G (before the opening of the name of the Defendant), under the name of G (the head of the agricultural cooperative) from the victim, and acquired pecuniary benefits equivalent to the said amount in the manner of suspending construction immediately after the commencement, with the delivery of KRW 8,841,50 in terms of contract deposit around April 18, 2013.
2. On May 14, 2013, the Defendant: (a) concluded a new housing construction contract with the victim H who reported and contacted the Internet advertisement at the same place as the above paragraph 1; (b) concluded a new housing construction contract with the Daejeon Seo-gu Seoul Metropolitan Government, wherein approximately 132 square meters of a building area is to be built at approximately 4 months for construction period; and (c) the construction cost is to be KRW 100 million for total construction cost; and (d) demanded down payment and construction cost.
However, for reasons such as Paragraph 1, there was no intention or ability to normally carry out the above construction.
As such, the Defendant deceivings the victim and, in other words, construction cost of KRW 2 million in cash from the victim in the name of down payment, and the head of the Tong J around June 17, 2014 shall be construction cost.