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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
Part of the facts charged shall be corrected to the extent that it does not infringe the defendant's right of defense.
Around November 29, 2012, the Defendant, at the office of the Co., Ltd., Ltd., the Defendant, located in the Dong-gu, Busan, intended to build a new regional housing association of about 600 households with the victim D’s “Yjin-gu E (hereinafter referred to as “E”). Around November 29, 2012, the Defendant entered into a contract with the landowner to pay down payment for the half of the site, and the rest of the land was recruited to the extent of 200 members with the consent to use. First, the Defendant was required to rent a model house located in the Jin-gu, Busan, Jin-gu, Busan, for the purpose of recruiting the members of the association. Around KRW 300 million is required to rent a model house located in the Gu-gu, Jin-gu, Busan, to lend money to the trust company with the construction permission.” The Defendant concluded that the principal shall be repaid by July 31, 2013, and that the Korea Housing Corporation will also take charge of apartment construction works.”
However, the project of the regional housing association was not conducted at all due to the failure of the landowner to obtain the consent to use the land E. At the time, the Defendant did not have any specific property from the victim, and even if the Defendant borrowed money from the victim because there was no specific property, the principal and interest was repaid or there was no intention or ability to subcontract the apartment civil engineering work.
On November 29, 2012, the Defendant, by deceiving the victim, was issued 18 copies of the cashier’s checks of KRW 10 million at the C Office of the Co., Ltd. on November 29, 2012.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. Investigation report (Listening to and summary of the G phone statement of a witness);
1. Application of Acts and subordinate statutes to loan certificates, etc., letters, and investment agreements (H and stock company);
1. The defendant and the defense counsel regarding the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the defendant and the defense counsel's assertion shall be the victim D.