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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant, at the victim D’s office located in Geumcheon-gu Seoul Metropolitan Government on October 2012, 2012, concluded that, “If the construction cost of the new construction of the building is short, the Defendant would have leased KRW 60,000,000,000,000,000 to the victim and interest KRW 40,000,000,000,000,000,000,000, which were previously lent to E, would have been repaid until August 25, 2013. If the Defendant is unable to repay, the Defendant would have the victim repay the KRW 15,50,00,000 to the victim by transferring the ownership of one of three buildings of the electric power supply building, which was newly constructed in Gwangju City F, G, and H (hereinafter “instant land”).”
However, at the time of fact, the Defendant was suffering from economic difficulties, such as the aggravation of the management status of the Plaintiff, and the failure of its employees to make monthly payments. In order to construct the said building, the Defendant was liable for the instant land purchase cost of KRW 450 million, KRW 30 million, KRW 150 million, KRW 350 million, KRW 3500,000, and KRW 3500,000,000, and KRW 1000,000, and KRW 35,000,000 to K Certified Judicial Scriveners for the construction of the said new building. Therefore, even if the construction cost was insufficient, the Defendant did not have any intent or ability to make the repayment even if he borrowed money from the victim, one building was expected to be transferred to L as the repayment of the instant land purchase price, and one building was expected to be transferred to G as the repayment claim for the said J’s debt, and even if 1 Dong intended to exchange with the Plaintiff in Gwangju-do, it did not have any capacity to transfer ownership from the victim.
The Defendant was transferred from the victim the sum of KRW 35 million on November 6, 2012, KRW 12 million on November 9, 2012, KRW 7 million on November 12, 2012, KRW 60 million on November 26, 2012, and KRW 60 million on November 26, 2012 to the Defendant’s account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Trial records of the first time;