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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2015 order group326] On January 30, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two months at the Cheongju District Court, which became final and conclusive on February 7, 2015.
1. On April 2, 2012, the criminal defendant against the victim C made a false statement to the victim in the E’s office located in the territory of the victim C located in Cheongcheon-gu, Chungcheongnam-gu, Chungcheongnam-do, that “If the victim made an investment of KRW 140 million,00,000,000, the victim would receive the transfer registration and pay the investment amount and KRW 100,000,000,000 to the victim within three months.”
However, in fact, the Defendant did not have any intent or ability to return the investment amount and pay the profit even if he did not have any specific property and received the investment amount from the victim.
The Defendant, as above, by deceiving the victim as above, received KRW 140 million from the victim to the Defendant Agricultural Cooperative account under the pretext of investment around May 7, 2012.
[2015 Highest 244]
2. The “2014...” written indictment in 2012 is a clerical error in the victim G.
6. On 28. 28. H construction site located in Jincheon-gun F, Chungcheongnamcheon-gun, the victim G was requested through I and J to pay the PF funds upon the completion of the construction. The false statement was made that “the PF funds will be paid for the cost of construction upon the completion of the construction.”
However, in fact, the Defendant did not have any personal obligation of KRW 190 million and did not pay the balance of land purchase and sale and personnel expenses, and even if receiving the above PF funds, the Defendant did not have any intent or ability to pay the price for the construction.
As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform civil engineering works from July 1, 2012 to July 5, 2012; and (c) did not pay KRW 28,384,000 to the said construction site; and (b) obtained pecuniary benefits equivalent to the said amount.
Summary of Evidence
No. 1 of the ruling;