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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"200 Highest 1833"
1. Around February 19, 2019, the Defendant made a false statement to the victim D, stating, “If the Defendant pays the construction cost of KRW 50 million to the victim D, he/she will have the remodelling test construction for the said three-story building.”
However, the Defendant, at the time, was in bad credit standing due to the debt worth of KRW 40 million in total, including KRW 38 million, and even if there was no particular property or income, and thus the construction cost was paid from the victim, it was thought that it was used as personal debt repayment and living expenses, etc., and there was no intention or ability to normally carry out the remodeling test for the housing owned by the victim.
The Defendant, as above, deceiving the victim and deceiving him as a matter of contract price from the victim, to KRW 10 million around February 19, 2019;
3.7.Woman 20 million won around the day;
3.18.Around 18.10 million won;
4.2.22.Written 5 million won;
4. Around 29.20.5 million won and other five times, a total of KRW 50,000,000 was remitted to the E-bank account (F) in the name of the accused.
"200 Highest 2418"
2. On February 2019, the Defendant: (a) entered into a contract on housing remodeling works in the victim D and Busan, and (b) entered into a contract on housing remodeling works in the victim D and Busan, and continued the said construction works from March 2019.
On April 10, 2019, the Defendant stated that “A building which requires a fire-fighting safety inspection shall be changed to the cost of installing fire-fighting safety facilities, and KRW 2.7 million shall be changed to the victim at the construction site.”
However, the Defendant, without any particular property at the time, was liable to pay approximately KRW 40 million in bad credit condition, and had not been able to perform the construction work by using the remodeling construction cost received from the victim as living expenses, repayment of debts, etc., and the amount received from the victim as a result of a fire safety inspection shall be repaid to another obligation.