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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the lien holder of the building B in Boan City, and the victim C is the representative director of the corporation D who has been awarded a successful bid for the above B.
On April 7, 2017, the Defendant would receive a written waiver from all lien holders if the Defendant paid KRW 500 million to the victim at the above D office located in Mapo-gu Seoul, Mapo-gu.
“A false representation was made.”
However, even if the defendant received money from the injured party, he did not have any intention or ability to accept a written waiver of the right of retention.
As above, the Defendant, by deceiving the victim, drafted the “written and written agreement to waive the right of retention” with the victim on the same day.
On August 25, 2017, the Defendant: (a) requested the Defendant to re-written a waiver of the right of retention on the part of the lien holder for construction progress and bank loans after the Defendant was awarded the said B case at the auction; and (b) requested the Defendant to re-written a waiver of the right of retention.
It is intended to gather a letter of renunciation from the State to pay the cost of KRW 20 million.
“The phrase “” was false.
The defendant was transferred 20 million won to the Saemaul Treasury account in the name of the defendant on the same day from the victim.
Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.
Summary of Evidence
1. Each legal statement of the witness C and F;
1. Written and written agreement on the waiver of the right of retention;
1. A written search for an auction case;
1. An investigation report (an investigation on the place of use of the damaged amount) (the defendant's side committed as if the victim was the representative of the lien holder who was delegated by 30 or more lien holders among the facts charged, and the judgment of the court below, "in the event that the amount of 500 million won of the lien adjustment cost is paid, the defendant will accept each written waiver from all lien holders.
A. B.C. H. H.O. H. is to gather written waivers from the State by paying the cost of KRW 20 million.
The phrase “” is denied respectively (B) to the effect that the above KRW 20 million was a separate loan, as part of the denial of the above facts.