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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On April 14, 2016, the Defendant was sentenced to a suspended sentence of two years in imprisonment with labor for fraud, etc. at the Ulsan District Court on August 14, 2016, and such judgment is written as “the same day” in the indictment of the same month, but it is obvious that it is a clerical error as above.
22.Finality.
On December 31, 2014, the Defendant, at the victim D’s residence located in Ulsan-gun Co., Ltd., Ulsan-gun, built two houses from Ulsan-gun F in this company at present.
Since funds required for the construction work are large, it is expected to be received only a multi-household house after the construction work, so if the construction work is leased, it will sell the house after completion or pay the lease on a deposit basis.
“A false representation was made.”
However, the Defendant did not have any authority over the two above multi-households at the time, so even if the above house was completed, the Defendant could not receive only one of them. In addition, while the construction of studio is being carried out at the Yan-gun, Seoyang-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, it was thought that the Defendant would borrow money from the damaged party in the situation where the construction cost is insufficient to use it as funds necessary for another construction site. At the time, the Defendant was liable for the debt, such as loans worth approximately KRW 80 million, while there was no particular property or income, and there was no intention or ability to repay the money even if it was borrowed from the damaged
Nevertheless, the defendant deceivings the victim as above and transferred KRW 40 million to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness D;
1. Partial statement of witness G;
1. Copy of the loan certificate;
1. A written appeal;
1. Investigation report (the list Nos. 16, 26, 28, 29, 31 through 35 of the evidence list);
1. Each written application for carbon;
1. Previous convictions: Inquiry into criminal history and investigation reports (the relevant judgment of concurrent crimes);