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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 24, 2013, the Defendant purchased, and tried to undertake the construction of multi-household housing in a state where only the registration was made, within the D office located in Ansan-si G, H, I, J, and K in Incheon-si G, H, H, J, and F of the victim, the victim E, and the victim F.
The conclusion of the construction work cost of KRW 1.50 million was falsely stated as follows: “The construction cost shall be 60% for the 60% and the 40% for the 40% loan shall be received.”
However, the defendant did not have the intention or ability to pay the construction cost even if the victims proceed with the new construction of multi-household houses because the above land was not completely purchased from the land owner.
The defendant had the victims complete and complete construction of a new multi-household building and did not pay 53,631,940 won to the victims for the acquisition of property benefits equivalent to that amount.
Accordingly, the defendant deceivings victims to acquire financial benefits.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F, E, L, and M;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. The description of the defendant's partial statement and the F, and E in each protocol concerning the interrogation of the suspect against the defendant;
1. Each police statement protocol with respect to E and N;
1. Each E and L statement;
1. Application of Acts and subordinate statutes to a complaint, cost invoice (net 1-1), standard subcontract agreement, content verification of construction works, certified copy of each land registry (net 3,7), field photographs, real estate transaction agreement, note, investigation report (data related to presumption of the suspect's financial status as at the present time - data related to presumption of the suspect's current financial status - copy of the register of D Co., Ltd and OCo.), invoice (net 34), estimate (net 35), statement of rent (net 36), statement of labor cost payment (net 37), and statement of labor cost payment (net 37);
1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.