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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.
Reasons
Punishment of the crime
1. On October 30, 2013, the defrauded had already been in excess of his/her obligation, and even if he/she received the construction cost from the victim C, he/she did not have the intent to construct the electric house because he/she had attempted to use it for personal purposes, such as repayment of the Defendant’s obligation.
Nevertheless, around October 26, 2013, the Defendant, along with D, made a false statement that “The Defendant would have a house for all of the instant land (hereinafter “instant land”) to the victim in the mutual influence restaurant located around Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “Seoul-gu”). If the construction cost of electric source housing is part of the construction cost, the Defendant would prepare the remainder of the construction cost, and then sell the house and then pay the purchase price of KRW 1.2 million per square year.” On October 30, 2013, the Defendant received money from the victim to the account (H) in the name of G (H) designated by the Defendant for the construction cost.
Accordingly, the defendant, in collusion with D, obtained 60 million won from the victim by deceiving the victim.
2. On December 4, 2013, the Defendant was unaware of the intent and ability to construct electric housing, as described in paragraph 1.
Nevertheless, on December 4, 2013, the Defendant, along with D, sought a loan of KRW 350,000,000 from I because there is no money, to the victim C before the 98,000, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2013. The Defendant borrowed KRW 350,000,000 from I because there is no money. The instant land to I as collateral, and some of I borrowed KRW 350,000,000 to use the priority mortgage as the cost of cancelling the priority mortgage, and the remainder will be used as the construction cost for all the instant land. Accordingly, the Defendant had the victim set up a collateral against the instant land by the debtor, the J, the maximum debt amount, and the maximum debt amount of KRW 50,00,000 from I as part of the loan received from I.