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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 16, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Jeonju District Court's Militarysan Branch for eight months, and the said judgment became final and conclusive on the 24th of the same month.
Around April 201, the Defendant stated that “The Defendant would start construction work at the time of lending KRW 20 million to the victim’s office operated by the victim C in Ansan-do, Gyeonggi-do, that “The Defendant would leave the access road to the above tin mining project to thener in return for the lending of money.”
However, on January 23, 2006, the forest land in Chungcheongnam-gun, Chungcheongnam-gun was lost by the Defendant’s attempt to purchase from the land owner, and again intended to purchase the land in collaboration with the construction of IM on February 27, 2007, but this was also a situation where it is impossible to immediately proceed with tin mining business because the business relationship has broken down due to the failure of the operation relationship, such as notifying the Defendant of the termination of the operation agreement, and even if it was borrowed money from the victim because it was not purchased for the construction of adjacent access roads, it was merely a plan to use the adjacent real estate for personal debt repayment, etc., even if it was borrowed from the victim, there was no intent or ability to undertake the tin mining business, and there was no intention or ability to contract the access road construction to the victim.
As above, the Defendant, by deceiving the victim as above, was remitted to the victim KRW 20 million on May 6, 201.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused;
1. Statement to C by the police;
1. A real estate sales contract (38 pages of investigation records), joint business contract (39 pages), notification (47 pages of investigation records), response to notification of termination of the contract (48 pages of investigation records), a certified copy of each real estate register (77-91 pages of investigation records), standard contract for private construction works (7 pages of investigation records), and