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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
Around April 2, 2015, the Defendant stated that “Around April 2, 2016, the Defendant purchased land in Ansan-si F,” and that “Around April 2, 2015, the Defendant borrowed the land as collateral to pay the construction cost by receiving the loan of the said land from the victim’s E office in Ansan-si, the E office of the victim’s D operation in Ansan-si.”
However, in fact, the Defendant paid only KRW 20 million out of the down payment of the purchase and sale price of G land KRW 50 million (sale price of KRW 70 million). In 2012, the Defendant incurred the construction of the housing complex for the Hamannman in 2012 and requested the victim to do the said construction due to the shortage of funds, and the Defendant had no intention or ability to pay all the construction cost even if he had the victim conduct the construction work of flatization and reinforcement of land as above.
Accordingly, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to perform construction works on the said land from April 5, 2015 to May 10, 2015; and (c) did not pay the construction cost of KRW 75,976,860, out of the construction cost of KRW 124,976,860, and acquired pecuniary benefits equivalent to the said amount.
On March 30, 2015, the Defendant purchased a lot of land of 9,419.7mm2 at the International Authorized Brokerage Office located in Ansan-si around March 30, 2015 and plans to create play parks at the same place after changing the form and quality of the land. In this case, the land price increase.
If 100 million won is invested in the above project, it shall be used for land purchase contract deposit, authorization and permission expenses, and civil construction expenses with the money, and 140 million won including the principal invested until June 30, 2015 shall be paid.
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However, even if the defendant receives the investment from the injured party, it was thought that it will be used to pay the defendant's existing debt, and it was not permitted to promote the above L and M real estate park projects.