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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
Around April 18, 2008, the Defendant stated that “The victim D shall undertake the reconstruction project in the E market, but the removal project shall begin at the latest within three to six months, at the office of C Co., Ltd. in which the Defendant in Changwon-si B actually operated.” As the expenses related to the said implementation project need to be incurred, the removal project will be subcontracted if the said removal project is lent.”
However, in fact, even though the reconstruction implementation project was conducted from around 2000, it was in the response of the said reconstruction implementation project from the point of view of internal conflicts, etc., and only several billion won was incurred in the course of carrying out the said project, and it was difficult to predict at any time the new building construction project, including the removal of the existing building, such as the situation in which investment funds have not been secured, was difficult to expect the victim to undertake the said removal project within six months at the latest. Therefore, even if the victim borrowed money, there was no intention or ability to force the said removal project to do so.
As such, the Defendant, by deceiving the victim, was transferred or delivered KRW 50 million in total as of April 18, 2008, KRW 10 million, KRW 30 million on April 22, 2008, KRW 200 million on December 15, 2008, KRW 3 million on December 16, 2008, KRW 50 million on December 23, 2008, and KRW 50 million on December 23, 2008.
Summary of Evidence
1. Statement made by witnesses D in the third protocol of the trial;
1. Each police suspect interrogation protocol regarding F;
1. A copy of a loan certificate, details of passbook transactions, and application of Acts and subordinate statutes on each construction contract;
1. It shall be so decided as per Disposition for the reasons under Article 347 (1) of the Criminal Act or more of the choice of punishment for the crime;