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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant around June 15, 2015, at the D Newspaper Office for the defendant's operation of the defendant located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do around 15, 2015, "one farm house is changed. The defendant will pay the construction cost with the loan as security of the farm house.
“A false statement was made,” and around June 16, 2015, to the victim G, a material business entity, at the H office located in the G management of the victim G located in the Nowon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on the H office of the victim G, “to supply construction materials to purchase a farm house. To pay the cost of the material by obtaining a loan as security for a farm house from the State farm, if the material is supplied.
The phrase “ makes a false statement.”
However, even if the defendant supplied the victims G with the construction materials and constructed the victim E's house, he thought that he would receive a loan as a security for the farm household and use the loan to repay his personal debt, and there was no intention or ability to use it for the payment of material price or construction cost
Accordingly, the Defendant obtained approval for the use of the said farming house after completion of construction on February 2, 2016, and received 30,000,000 won from the Agricultural Cooperative on February 22, 2016 as collateral for the said farming house, but used the Defendant’s existing personal debt repayment, etc., and did not pay all material price and construction cost to the victims.
Accordingly, the Defendant, by deceiving the victims, received materials equivalent to KRW 33,133,870 from the victim G, and obtained building services equivalent to KRW 26,86,130 from the victim E., and acquired the same pecuniary benefits.
Summary of Evidence
Defendant’s legal statement E, G, and I request for cooperation in police statements (in fact inquiry) with each police officer’s statement report (in relation to voluntary submission), investigation report (in relation to voluntary submission of facts), investigation report (in relation to transaction specifications and personnel expenses attached), investigation report ( telephone conversations with the department at the construction site), investigation report (in relation to the farming household improvement project of the Ulsan-gun Office), investigation report (in relation to the building report, all documents related to the building report) and investigation report (in relation to witness J’s statement).