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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
『2018 고단 815』 피고인은 2009. 4. 20. 경 광양시 중동 소재 광양시 청 인근 공원에서 피해자 C에게 “ 내가 중동 시청 부근에 모텔을 짓기 위해 땅값까지 지불해 놓은 상태인데, 우선 1,000만원을 빌려 주면 모텔 공사의 전기, 소방, 창호, 샷 시 공사를 하게 해 줄 것이고, 돈은
6. up to 30.30. A false statement was made to the effect that “I will complete the payment.”
However, the facts merely borrowed money due to the difficulty of living, and even if it borrowed money due to the absence of the purchase of the apartment site, there was no intention or ability to subcontract electrical construction, etc. to the complainant or pay it by the due date.
On April 29, 2009, the Defendant: (a) by deceiving the victim; and (b) received from the victim the delivery of KRW 10 million in total as a loan, on or around April 29, 2009.
The Defendant, at around 10:00 on August 8, 2008, entrusted the part of the structural construction of the F Commercial Building to be newly built by the E Company E in Gwangju-si around 10:00, and the steel bars are required. As such, the Defendant would pay the Victim G, who is a high-speed ship, with the payment of the steel bars worth KRW 15,00,000,000,000,000,000, not later than three days after the loan to the said Company G.
‘False speech' was made.
However, in fact, the Defendant did not have any property owned at the time, and there was no fund to proceed with the construction work due to a sudden increase in the construction cost, and thus, it was difficult to continue the construction work any longer. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability
Nevertheless, on August 8, 2008, the Defendant received KRW 15 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
"2018 Highest 815"
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The 2018 Highest 1007 Highest 201;
1. The defendant's statement in court;