Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant around May 10, 2013, at the F Co., Ltd. office operated by the victim E in Jongno-gu Seoul Metropolitan Government D Building 912, the defendant would develop the G G-il land as a site for electric power supply and build and sell a high-class house of 20 billion won in the Gyeonggi-gu Seoul D Building. The defendant would have borrowed KRW 1.9 billion in the initial cost of the business within three months from borrowing the loan of KRW 1.9 billion in addition to the principal borrowed.
On May 15, 2013, the author prepared a letter of performance of the above contents with the victim around May 15, 2013, and had the victim enter into a real estate sales contract with the South Korean Agricultural Cooperative, the landowner, with the amount of KRW 4.2 billion, and had the victim receive money on the same day, stating that it is necessary for the victim to refuse money.
After that, on May 21, 2013, the Defendant, at the above F Office, should give the victim KRW 50 million as a brokerage fee to the real estate broker who introduced the instant business site, and pay KRW 50 million to the subcontractor inside the Agricultural Cooperative of South Won under the name of the case fee.
“A false statement” was made.
However, the defendant did not have any reason to pay KRW 50 million to real estate brokers or other employees of the Namwon, and he thought that he would be individually used even if he received KRW 100 million from the injured party, and there was no intention to pay money to real estate brokers or other employees of the Agricultural Cooperative.
Nevertheless, the defendant deceiving the victim as above and received KRW 100 million from the time when he was delivered to the Saemaul Treasury account (I) account in the name of the defendant head H, and the date and time of the crime No. 3 in the indictment in the attached list of crimes is stated as " September 26, 2013." However, this is obvious that it is a clerical error in the " September 6, 2013," and it does not seem to be a substantial obstacle to the defendant's right of defense. Thus, it is corrected ex officio.
A total of 300 million won is remitted or remitted over 13 times, such as this.