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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On June 15, 2012, the Defendant was released on January 30, 2013, and the parole period expired on February 12, 2013.
On September 2014, the Defendant, who was engaged in construction business with B around September 2014. At the time, the amount of national taxes in arrears exceeds 56 million won, and the Defendant paid 130 million won to public institutions and financial institutions. The Defendant had 73,450,000 won debt to the victim C.
On September 2014, the Defendant made a false statement that “In order to repay the existing debt, the new house construction work shall be performed in the previous North Korean territory.” The Defendant borrowed the name of the owner of the construction in the name of the owner of the construction, and borrowed the loan equivalent to KRW 70,000,000 from the loan to the owner of the construction, he/she shall repay the existing debt, and he/she shall also repay the loan.”
However, even if the defendant borrowed the construction cost from the victim, the defendant did not have the intent or ability to execute the new construction of the house or to repay it.
As such, the Defendant, by deceiving the victim, received KRW 67,400,000 from the victim for construction expenses on October 10, 2014, a sum of KRW 67,40,000 from around that time to February 2, 2015, as stated in the list of crimes, from D’s EF account used by the Defendant for construction expenses.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal testimony by witnesses C and G;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement regarding C;
1. The I Details of H Bank I transactions, D EFF transactions, A E Union J, G, K's fact-finding confirmation, Ku Government District Court 2014du695 building names, protocol of mediation (LBD) of the principal registration of H Bank 2010da52010 provisional registration, record, recording, each of the registered matters (Evidence Nos. 28, 29, 33, and 34) and family relation certificates (G);
1.Each.