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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 2010, the criminal defendant against the victim C made a false statement to the victim in the victim C’s office located in Cheongju-si, Cheongju-si, Cheongju-si, that “I will pay the construction cost immediately after the completion of the construction work.”
However, the defendant did not have an intention or ability to pay the construction cost on the date of promise even if the victim completes the construction due to the aggravation of business.
Nevertheless, the Defendant, by deceiving the victim as such, was provided by the victim with a double sales and decoration work in an amount equivalent to KRW 4,328,500 from April 201 to the end of the same month.
2. On August 10, 2010, the criminal defendant against the victim G made a false statement to the victim’s house located in the Heung-gu Seoul Metropolitan Government, Chungcheongnam-gu, that “the victim will remove the house previously living at the seat of the State and construct a new building.”
However, even if the defendant received money from the victim due to the aggravation of business at the time, he did not have the intent or ability to perform the construction contract as the promise.
Nevertheless, the Defendant, by deceiving the victim, received KRW 15 million from the victim as the down payment on the same day.
3. On October 20, 2010, the Defendant against the victim I made a false statement to the victim I that “The victim I will be responsible for the construction of modern automobile house construction work, but the sand site board will deliver KRW 15,000 per meter or KRW 14,500 per meter to the victim I and will not bear the transportation cost in lieu of supply of materials equivalent to KRW 10.5 million per the necessary market price until October 25, 2010.”
However, the defendant receives money from the victim due to aggravation of business at the time.