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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
[2015 Highest 1859] The Defendant made a false statement to the victim D at the site of an urban development project located in Hanam-si, Hanam-si, Seoul, that “If the funds necessary to carry out the work as G (ju) and Dong, the right to remove the above site will be granted.”
However, the Defendant entered into a contract with H to grant the right to remove the same site on April 27, 2012, which was before receiving money from the victim of this case, and received KRW 15 million in consideration of such contract, and even if receiving money from the victim, it was thought that it would be used for personal living expenses, and the Defendant did not have the right to remove the site. Therefore, the Defendant did not have the intent or ability to grant the right to remove the site.
Nevertheless, as seen above, the Defendant, by deceiving the victim and deceiving the victim, took over KRW 22 million from the victim on July 23, 2012, KRW 10 million on August 16, 2012, KRW 7 million on August 16, 2012, and KRW 5 million on September 21, 2012.
On November 2014, 2014, the Defendant: (a) concluded a contract with a victim to operate a brine restaurant at the present BuildingJ; (b) made a false statement to the victim I at the instant coffee shop located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, stating that “The Defendant would pay money from the brine to the cost of the brine to operate the brine restaurant.”
However, the defendant did not have entered into a contract for the operation of the brin restaurant, and the defendant voluntarily prepared the contract, and there was no construction site stated in the contract, and the defendant did not have the intent or ability to allow the operation of the brin restaurant at the construction site even if he received money from the victim.
Nevertheless, the Defendant, however, is the victim’s KRW 5 million around November 28, 2014, KRW 3 million around December 15, 2014, KRW 2 million around December 23, 2014, KRW 1 million around January 13, 2015, KRW 1 million around January 23, 2015, KRW 50 million around February 3, 2015, and around February 16, 2015.