Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2016 Highest 3398"
1. The Defendant committed the crime against the victim E at the victim’s house located in Ansan-si, Jeonsan-si, Seoul-si, on January 22, 2008, and the victim “if the money is necessary to set up the building, it shall be repaid immediately to the victim.
“A false representation was made.”
However, in fact, the Defendant was in a state of excess of the obligation at the time, and even if he borrowed money from the damaged party while he borrowed money from a large number of creditors, there was no intention or ability to change it normally.
Nevertheless, the Defendant, as seen above, by deceiving the victim and receiving KRW 23,300,00 from the victim, was delivered with the check, and then acquired the total amount of KRW 167,50,000 through 13 times from November 27, 2008, such as the list of crimes in the attached Form.
2. On April 30, 2008, at the I real estate office operated by the Defendant in Ansan-si, the Defendant, who committed the crime against the Victim G, acting as if he had been delegated by the J with regard to receipt of the payment of the work price by preparing a receipt under the name of the J and issuing it to the victim G, who is the husband of L who entered into a contract with the Defendant for the “former K Housing Construction Corporation in Ansan-si, Ansan-si” with the Defendant’s imprisonment father, the Defendant’s imprisonment father, and issuing it to the victim.
“A false representation was made.”
However, in fact, the defendant did not have been delegated by the J with regard to the above construction cost, and there was no intention or ability to deliver the said money to the J because he thought that he would use the said money for the repayment of the defendant's obligation.
Nevertheless, the defendant deceiving the victim as above and delivered KRW 120,00,000 from the place of the damage, and received KRW 60,000,000 from the victim's house located in Ansan-si, Masan-si on October 16 of the same year, and received KRW 60,00,000 from the victim's home to the same purport, and at the point of Ansan-si, the Gu National Bank of Korea at the point of Oro-dong around the 31st day of the same month.