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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 10, 201, the Defendant, the representative of B, entered into a contract for retaining walls, foundation, steel frame, board board, and creative construction (contract amounting to KRW 50 million) from among the new construction works of detached houses in the land of the victim C and the Incheon Dopo-gun, Incheon Dopo-gun, the Defendant entered into a contract (contract amounting to KRW 50 million).
However, in fact, even if the defendant received money from the injured party as the name of the contract price, he was expected to use the money for the repayment of the defendant's obligation, and thus there was no intention or ability to proceed with the construction even
Nevertheless, if the Defendant pays the construction price to the victim, the Defendant made a false statement as if he would complete the construction work, and then acquired the amount of KRW 20 million from the victim as a result of the construction work on December 12, 201 and KRW 20 million as a result of the construction work on February 15, 2012 from the victim to E account in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement No. C made to the defendant during the police interrogation protocol (two times);
1. Application of the police statement protocol law to C
1. The punishment shall be determined by comprehensively taking into account all the circumstances indicated in the record, including the reasons for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the selective criminal punishment for the crime.
Conditions unfavorable to the confession: The injury is not recovered even after seven years have already passed since the confession was made;