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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 7, 2015, the Defendant, at the D office in Seoul Special Metropolitan City, Co., Ltd., which is located in the second floor of the building C in Seoul Special Metropolitan City, purchased the land of KRW 3.546 billion in the land of KRW 22,00,000,000,000,000,000 in the victim E and the victim owned by the victim, and, at the same time, the Defendant agreed to pay a loan from a financial institution by the financial institution in the future, prepared a sales agreement of KRW 6.413 billion in the amount of the purchase price to be paid by the Defendant.
In addition, around May 2015, the defendant made contact with the consulting company for the development of the above land, and if the consulting cost is only for the consulting cost of KRW 50 million, the investment of KRW 15 billion can be generated.
In the phrase “G”, G transferred the victim’s horses as above, and the Defendant also needs consulting costs to proceed with the business to the victim.
2. The term “assumed.”
However, the defendant's company did not have the qualification or ability to obtain a loan to a financial institution below the corporate grade for the loan due to the circumstances such as almost little business performance during several years, and the defendant thought that he would receive money from the injured party to use it as office expenses, etc., but did not have to receive an investment amount of 15 billion won.
As such, the Defendant, by deceiving the victim, received from the victim the remittance of KRW 54.6 million from the victim to the bank account (H) in the G name.
Summary of Evidence
1. Each legal statement of witness E and G;
1. A protocol concerning the examination of the suspect of the defendant (including the G or E part concerning the statement);
1. Each land transaction contract, receipt, certified copy of the register, and the victim [the defendant did not deceiving the victim to the effect that the victim requires consulting cost of KRW 50 million in order to obtain an investment of KRW 15 billion, and the victim did not have an intent to defraud or defraud KRW 50 million from the victim. However, the defendant argued to the effect that the victim did not have an intention to defraud or defraud KRW 50 million from the victim. However, the defendant had G, the vice-chairperson of the