beta
Text
The punishment of the accused shall be eight months by imprisonment.
Reasons
Criminal facts
The defendant, who operated the corporation B, closed the company due to the aggravation of business management, became a bad credit holder on May 23, 2012, and was introduced a small amount of electric source housing construction through the branch, and has been living a neighboring life.
On January 2018, in order to pay the price for the existing construction site, the studio deposit was used in order to find 3 million won, which is the wife, and 270,000 won per month, was faced with the situation where the 270,000 won per month due to the failure to pay the monthly rent, and it was extremely difficult to borrow the money to the branch.
Afterma, C, the former construction site of the accused, introduced the victim D, which was his relative who wishes to build a new house, and was willing to obtain money from the victim for various purposes, such as material cost.
1. Accordingly, on January 15, 2018, the Defendant entered into an oral contract with the victim for a house of 33 square meters in size with a 100 million won in forest land in Jeonnam-gun E, Jeonnam-si, and changed the content of the contract to be subsequently paid by the victim for a construction cost of 40 million won on the ground of the result of on-site answers on the 20th of the same month. The construction cost of KRW 140 million shall be increased to KRW 140 million, while the amount of the construction cost of KRW 40 million shall be increased to KRW 40 million, among them, if the victim raised funds due to the receipt of the compensation for separate real estate after completion.
In addition, on the 21st day of the same month, the Defendant asked the victim to contact with the victim on the 21st day of the same month and to send the price of KRW 50 million to enable him to purchase materials in Seoul.
However, in fact, the defendant was not at the stage of purchasing materials because he did not request the design of the electric source house at the time and applied for the building permit. The defendant was thought to pay the studio deposit and the overdue monthly rent in return for the construction materials from the victim, and to use the money with debt repayment.
This is the defendant's purchase price of materials from the victim.