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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around October 209, the Defendant knew that the Defendant would sell at least 330 million won in the desired price after deducting loans, etc. from the purchase price of the site of the instant G building located in the city of 109 and 402, the house of the Victim C’s Chocheon-gu E apartment house 109 and 402 (hereinafter “instant G building”), which is the house of the Victim C, from the purchase price of the instant G building, the Defendant would sell at least 30 million won in the purchase price. The Defendant would want to sell at least 230 million won in the victim’s house, which is the amount after deducting loans, etc. from the instant G building. In addition, I tried to build and operate the medical care center in the Nam-gu of the Plaintiff’s house. From the purchase price of the instant building, there is insufficient price of the site to purchase at least KRW 130 million in the cost of the medical care site and to obtain a loan of at least KRW 300,000,000,000.
However, at the time of fact, the Defendant did not have certain income and assets, and H did not have an intention or ability to establish and operate the Medical Care Center even if the land was purchased in Chungcheongnam-do due to lack of financial capacity due to lack of financial capacity, etc., and there was no intention or ability to use KRW 130 million delivered from the victim as the purchase cost of the site for the Medical Care Center. There was no intention or ability to return KRW 230 million to the victim within five months due to the above site collateral loans and the proceeds of the Medical Care Center.
Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 130 million from the victim on December 4, 2009 as the borrowed money.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the suspect of the prosecution of September 19, 201 against the defendant.